The judgment concerns an application for leave to appeal in a matter about the disposal and transfer of two motor vehicles by a company in liquidation. The court considered arguments about the ordinary course of business, retrenchment packages, and the threshold for leave to appeal under section 17 of the Superior Courts Act. Leave to appeal was granted to the Full Court of the Gauteng Division of the High Court, Johannesburg.
This appears to concern leave to appeal in a liquidation dispute and issues about retrenchment packages and section 341(2) of the Companies Act.
Evidence from source
Application for leave to appeal – s 17(1)(a)(i) of the Superior Courts Act 10 of 2013 – an applicant now faces a higher and a more stringent threshold
Supports: Summary sentence about the leave to appeal application and section 17 threshold.
the decision sought to be appealed against involves an important question of law – Leave to appeal granted to the Full Court of the Gauteng Division of the High Court, Johannesburg.
Supports: Summary sentence about the issues considered and leave being granted.
the disposal and transfer of two motor vehicles by the third applicant (the company in liquidation) to the first respondent, as void in terms of s 341(2) of the Companies Act 61 of 1973
Supports: Summary sentence about the underlying dispute concerning the vehicles and liquidation.