https://www.polity.org.za
Deepening Democracy through Access to Information
Home / Case Law / All Case Law RSS ← Back
Close

Email this article

separate emails by commas, maximum limit of 4 addresses

Sponsored by

Close

Article Enquiry

Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPPHC 230

Close

Embed Video

Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPPHC 230

Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPPHC 230

4th May 2018

ARTICLE ENQUIRY      SAVE THIS ARTICLE      EMAIL THIS ARTICLE

Font size: -+

[1] This is an urgent appeal in terms of section 18 of the Superior Courts Act 10 of  2013  (the Act).

[2] The four respondents are the duly appointed business rescue practitioners (the rescue practitioners) of Optimum Coal (Pty) Ltd and seven other related companies (the rescue entities) forming part of the Oakbay Group of companies (the Oakbay Group).

Advertisement

[3] For convenience and in order to interact with the directors, the management and administrative personnel of the rescue entities, the rescue practitioners elected to utilize premises situate at Grayston Ridge Office Park, Biock A, Lower Ground, 144 Katherine Street, Sandton, Johannesburg, Gauteng (the premises) in order to comply with their statutory duties and obligations in rehabilitating the    rescue entities. According to the respondents, although five of the companies which are under business rescue, conduct business elsewhere other than the premises, the control and management of all these rescue entities is centrally operated from  the premises.

[4] However on 5 April 2018, the matter took a different turn. The appellants denied the rescue practitioners access to the premises resulting in the latter being unable to execute their statutory duties and obligations, which included the management of the rescue entities and the development and publication of the business rescue plans within the statutorily determined deadlines, which were imminent. The respondents contend that all the information relating to the rescue entities is collated and retrieved from the records kept at the premises. In  addition, the financial records, post the commencement of business rescue, such as the revenue and expenses of the rescue entities are kept at the premises.

Advertisement

Read the full judgment on Saflii

EMAIL THIS ARTICLE      SAVE THIS ARTICLE ARTICLE ENQUIRY

To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here

Comment Guidelines

About

Polity.org.za is a product of Creamer Media.
www.creamermedia.co.za

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more

Subscriptions

We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store

Advertise

Advertising on Polity.org.za is an effective way to build and consolidate a company's profile among clients and prospective clients. Email advertising@creamermedia.co.za

View options

Email Registration Success

Thank you, you have successfully subscribed to one or more of Creamer Media’s email newsletters. You should start receiving the email newsletters in due course.

Our email newsletters may land in your junk or spam folder. To prevent this, kindly add newsletters@creamermedia.co.za to your address book or safe sender list. If you experience any issues with the receipt of our email newsletters, please email subscriptions@creamermedia.co.za