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High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng.

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1 judgment

Citation	Judgment date
December 2021
Cawood NO v Murray NO and Others (A127/19) [2021] ZAGPPHC 9 (12 December 2021) Reported Court held it lacks inherent or statutory power to order BRPs to forfeit fees; remedies lie in gross-negligence/liquidation processes. Companies Act — business rescue — conversion to liquidation (s141(2)(a)(ii)) — residual powers (s141(3)) — limitation on 'any other order' — business rescue practitioners as 'officers of the court' (s140(3)(a)) — scope limited — no inherent court power to order repayment/forfeiture of BRP fees — remedies available via gross negligence liability (s140(3)(c)(ii)) and insolvency/liquidation processes.	12 December 2021

Citation

Judgment date

December 2021

Cawood NO v Murray NO and Others (A127/19) [2021] ZAGPPHC 9 (12 December 2021)

Reported

Court held it lacks inherent or statutory power to order BRPs to forfeit fees; remedies lie in gross-negligence/liquidation processes.

Companies Act — business rescue — conversion to liquidation (s141(2)(a)(ii)) — residual powers (s141(3)) — limitation on 'any other order' — business rescue practitioners as 'officers of the court' (s140(3)(a)) — scope limited — no inherent court power to order repayment/forfeiture of BRP fees — remedies available via gross negligence liability (s140(3)(c)(ii)) and insolvency/liquidation processes.

12 December 2021