Interesting Judgment: Ferrostaal & Atlantis Marine Projects v Transnet & Ferromarine Africa

26 May 2021

The question before the Supreme Court of Appeal was 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, that there was no justification for interfering with the discretion exercised by the Court a quo, the appeal was dismissed with costs.

Kindly sent to us by Julian Jones of Webber Wentzel.

  Judgment: Ferrostaal GMBH & Atlantis Marine Projects PTY Ltd v Transnet Soc Ltd t/a Transnet National Ports Authority and Ferromarine Africa (PTY) Ltd (in Business Rescue) SCA 1194 of 2019

 

 

 

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