Judgment: PJ Volkar NO & Others v Big Sky Trading 219 & Another
24 March 2026
Dear Member
This was an application for an interim interdict to suspend a section 151 meeting pending determination of the appellants' disputed claims and voting interests. The application for the interim interdict pending determination of the claims and voting interests was granted.
The respondents brought a reconsideration application in terms of Rule 6(12)(c) of the Uniform Rules; Acting Judge Pietersen granted the reconsideration application and discharged the rule nisi. Leave to appeal was dismissed by Pietersen AJ. The SCA was petitioned for leave to appeal, which was granted.
The appeal was heard by a Full Bench of the High Court, Pietermaritzburg and the attached judgment was handed down on 13 March 2026. The Court upheld the appeal with costs and held, inter alia, that an interim interdict to stop a creditors’ meeting was appropriate where disputed claims and voting interests would otherwise be irreparably prejudiced. The Court also dealt with the issue of non-joinder of affected persons in circumstances where the business rescue plan had been published but not adopted.
Kindly sent to us by Kerisha Reddy of Werksmans Attorneys.
Take care
René Bekker
Chief Operating Officer