n Without Prejudice - Litigating against a company after application for business rescue proceedings : company law
|Article Title||Litigating against a company after application for business rescue proceedings : company law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Affiliations||1 Smit Sewgoolam and 2 Smit Sewgoolam|
|Publication Date||Mar 2016|
|Pages||17 - 18|
An applicant (the creditor) serves an application for the winding-up of a respondent (the company). The application is based, firstly, on the fact that the company is both factually and commercially insolvent and, secondly, that it is just and equitable to do so. The merits are uncontentious.
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