Interesting Judgment: Southern Sky Hotel & Leisure v Southern Sky Food Enterprises

Update:18 October 2022

Please find attached the correct judgment indicating the Respondent’s Attorney as JJF Cameron and not Brooks and Braatvedt.

Kindly sent to us by Dwaine Brooks of Brooks and Braatvedt.

  Corrected - Judgment: Southern Sky Hotel & Leisure and Others v Southern Sky Food Enterprises. Case: 617/2021

17 October 2022

Members,

Please find attached a judgment by Basson AJA handed down in the SCA on the 13th of October 2022.

The facts of the matter are dizzying and span a period of 9 years.

Two questions were before the appeal court:

1. Was there a valid business rescue application as envisaged in s 131(6) and
2. Whether the sale agreement was invalid by virtue of the provisions of s 131(6) of the Companies Act.

The Court upheld the appeal with costs.

Kindly sent to us by Mustafa Mohamed of Vezi de Beer Inc.

Take care
René Bekker
Chief Operating Officer

  Judgment: Southern Sky Hotel & Leisure and Others v Southern Sky Food Enterprises. Case: 617/2021