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Companies Act 71 of 2008 – business rescue proceedings - whether it was
just and reasonable to set aside a creditor’s vote against the adoption of a proposed
business rescue plan on the ground that its result was inappropriate. Held: there is no
justification for interfering with the discretion exercised by the high court – appeal
dismissed with costs
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Cited documents 12
Judgment 10
- Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others [2013] ZACC 42 (29 November 2013)
- FirstRand Bank Ltd v KJ Foods CC (In business rescue) (734/2015) [2017] ZASCA 50 (26 April 2017)
- Gobela Consulting v Makhado Municipality (910/2019) [2020] ZASCA 180 (22 December 2020)
- Municipal Manager: Qaukeni and Others v F V General Trading CC (324/2008) [2009] ZASCA 66 (29 May 2009)
- Plascon-Evans Paints (TVL) Ltd v Van Riebeck Paints (Pty) Ltd (53/84) [1984] ZASCA 51 (21 May 1984)
- Rawlins v Dr DC Kemp t/a Centralmed (483/2009) [2010] ZASCA 102 (7 September 2010)
- Roazar CC v Falls Supermarket CC (232 of 2017) [2017] ZASCA 166 (29 November 2017)
- Trencon Construction (Pty) Ltd v Industrial Development Corporation of South Africa Limited and Another [2015] ZACC 22 (26 June 2015)
- Valor IT v Premier, North West Province and Others (322/2019) [2020] ZASCA 62 (9 June 2020)
- Wightman t/a J W Construction v Headfour (Pty) Ltd and Another (66/2007) [2008] ZASCA 6 (10 March 2008)