Interesting Judgment: Land Bank v Agri Oil Mills & Another Case

17 May 2021

This judgment deals with two applications, heard by the same presiding judge as ordered by Van Zyl, J on 1 March 2021.

The Land Bank brought an application for liquidation in 2019 and the business rescue practitioners brought an application for the business rescue to be converted to liquidation proceedings approximately one year later.

In issue was whether the liquidation should be at the instance of the Land Bank or the practitioners pursuant to the second application as this would have an effect on the commencement date of the winding-up as provided for in Section 348.

The Land Bank application was successful, the application of the practitioners’ was dismissed with a punitive cost order.

Kindly sent to us by Johan van Greunen of Van Greunen and Associates.

  Judgment: Land Bank v Agri Oil Mills & Another Case 3246/19P & 3883/20P