Judgments

Judgment: Cooper & Others v Knoop & Others

28 September 2020

  1. The applicants are the joint liquidators of a creditor (Westdawn Investments (Pty) Ltd (in liquidation)) in the Optimum Coal Mines (OCM) Business Rescue, they instituted a winding-up application for OCM on 9 December 2019.
  2. The BRP’s in OCM published a revised business rescue plan on 11 September 2020 and advised that a meeting in terms of Section 151 would be held on 28 September 2020.
  3. The latter gave rise to this urgent application.
  4. The Court stated that when considering where the balance of convenience lies, due regard must be had to the interests of the general body of creditors and the public interest, to ensure that the business rescue process is not unnecessarily impaired.
  5. The Court held that the business rescue process and the pending liquidation application could run concurrently.

This judgment was kindly sent to us by Haroon Laher of Fasken Inc.

  Judgment: C Cooper NO & Others v K Knoop NO & Others - Judgment 26 September 2020

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