This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The Western Cape High Court dealt with an urgent application by Ross Berries (Pty) Ltd and Tierkloof Bessies (Pty) Ltd, both described as being in business rescue. The court said the application was struck from the roll as an abuse of process and ordered costs on an attorney and client basis.
It may be relevant to urgent motion practice and business rescue proceedings in the Western Cape High Court.
Evidence from source
Summary : Urgency – non-compliance Rules 6(1) and 6(12) – struck from the roll – application constitutes an abuse of process egregious enough to warrant punitive cost order
Supports: Summary of the court's stated outcome and procedural basis.
ORDER 1. The application is struck from the roll as an abuse of process. 2. The first and second respondents’ costs shall be paid by the applicants, jointly and severally, the one paying the other being absolved on an attorney and client ba
Supports: Summary of the order made by the court.
The applicants seek an urgent interdict interdicting the first and second respondents from interfering with, frustrating or jeopardizing the business rescue proceedings of the first and second applicant
Supports: Summary that the matter concerned an urgent application linked to business rescue proceedings.