The Western Cape High Court dealt with an intervention and rescission application brought by Mr Adrianus Merceij in relation to an ex parte section 29 order concerning payments from HGG Financial Group Inc to Square Rock Limited. The court held that separation of issues failed, found that the locus standi point failed, granted leave to intervene, and rescinded the earlier order. The judgment also records that the earlier order had been granted in camera and without full disclosure.
This appears to concern insolvency and company winding up proceedings, and may be relevant to parties involved in intervention, rescission, and section 29 applications.
Evidence from source
The Intervening Party, Mr Adrianus Merceij is granted leave to intervene in the main proceedings (section 29 application)
Supports: Plain summary claim that leave to intervene was granted.
The judgment and order granted by Nuku, J on 23 October 2024 is rescinded.
Supports: Plain summary claim that the earlier order was rescinded.
the application for rescission of the Section 29 order granted by Nuku, J on 23 October 2024 succeeds.
Supports: Plain summary claim that the rescission application succeeded and that the earlier order was under section 29.