Judgment: G Darke v GJ Darke & Others

30 July 2025

Dear Member

The attached judgment deals with an urgent application in the High Court, Gqeberha.

The application was launched the evening before a meeting of creditors, it sought to interdict the vote from taking place, alternatively, to prevent an adopted plan from being implemented. This was an urgent application under Rule 6(12)(c) of the Uniform Rules of Court for the reconsideration of an order granted by Makula J.

The Court found that the applicant was not "an affected person", the non-joinder of affected employees and creditors was material and unjustified and the urgency was self-created.

The earlier order preventing the implementation of the business rescue plan was set aside.

Kindly sent to us by Amy Mackechnie of Werksmans Attorneys.

Take care,

René Bekker
Chief Operating Officer

  Judgment: G Darke v GJ Darke & Others. Case No:2427/2020