Judgments

Interesting Judgment: Lyconet Austria GmbH v A Weiglhofer & Others

31 October 2023

Members,

Please find attached the judgment of Moorcroft AJ, High Court Johannesburg.

There are conflicting judgments on the question whether a provisional order may be granted absent compliance with Section 346(4A)(b), and whether paragraph (b) is peremptory.

The Court found that compliance in respect of the respondent company may be dispensed with in terms of Section 346(4A)(a)(iv), but condonation is not provided for in respect of employees, trade unions and SARS.

Kindly sent to us by Haroon Laher of Fasken Inc.

Take care

René Bekker
Chief Operating Officer

  Judgment: Lyconet Austria GmbH v A Weiglhofer & Others. Case No: 2023-082122

 

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