Judgments

Interesting Judgment: L Jonker & Others v Mag. N Myobizi & Others

01 April 2022

Please find attached the judgment of Van Rhyn J regarding the interpretation of Sections 78(1) of the Close Corporation Act and Section 339 read with Item 9 of Schedule 5 of the Companies Act.

The Court found that, unless the Master grants consent, all meetings of creditors held after 30 days of the final order are a nullity which nullity extends to all actions taken at such a meeting for example the proof of claims, the postponing of a meeting for the purpose of holding an enquiry and all subpoenas issued.

Kindly sent to us by Cloete and Thomas Murray of Sechaba Trust.

  Judgment: L Jonker & Others v Mag. N Myobizi & Others. Case: 3076/2021

Take care
René Bekker
Chief Operating Officer

 

 

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