Heatherview Estate Extension 24 Home Owners Association v Mahlatse Trading Enterprise CC and Others (22616/2019) [2019] ZAGPPHC 180 (20 May 2019)

BACKGROUND AND SUMMARY Heatherview Estate Extension 24 Home Owners Association (NPC) (the “Applicant”) brought an urgent application before the High Court of South Africa, Gauteng Division, Pretoria (the “Court”) seeking relief against the Respondents in the matter, being a group of 56 displeased members of the Applicant. The relief sought by the Applicant, included inter
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Marais and 56 Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018)

SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
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CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018) [2019] ZASCA 53 (1 April 2019)

BACKGROUND AND SUMMARY The Supreme Court of Appeal (the “SCA”) recently upheld a decision of the High Court of South Africa, Gauteng Local Division, Johannesburg (the “court a quo”), concerning a decision adopted by written consent of the majority of directors in terms of section 74 of the Companies Act No. 71 of 2008 (the
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Business Rescue: No Protection from Eviction in the Companies Act

By Maike Gohl, Associate and Charlotte Clarke, Candidate Attorney   Introduction This article examines the case of Kythera Court v Le Rendez-Vous Cafe CC and Another 2016 (6) SA 63 (GJ), which deals with the eviction of a close corporation undergoing business rescue proceedings in terms of s 129 of the Companies Act, 71 of
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