Van der Merwe du Toit Newsletter 1 / 2012

Van der Merwe du Toit Newsletter 1 / 2012
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February 17, 2012
To vote or not to vote: Post-Commencement business rescue creditors

To vote or not to vote: Post-Commencement business rescue creditors

In the recent case of Mashwayi Projects (Pty) Ltd and Others v Wescoal (Pty) Ltd and Others (1157/2023) [2025] ZASCA 5 (29 January 2025), the Supreme Court of Appeal (SCA) addressed and provided clarity on the burning question of whether post-commencement creditors in business rescue proceedings are entitled to vote on business rescue plans of financially distressed companies. In this article, we review this landmark judgment.

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