17/06/2026
Business rescue or litigation tactic?
We recently acted on behalf of the successful applicant in an urgent business rescue application before the North-West High Court. The Court set aside a last-minute section 129 business rescue resolution after finding that it had not been adopted in a genuine pursuit of business rescue, but for an ulterior purpose.
This reportable judgment contains important guidance on the relationship between section 129 and section 131 business rescue proceedings, directors' duties and creditor interests.
Read the full article here: