The Western Cape High Court dealt with an intervention and rescission application brought by Adrianus Merceij in proceedings involving Square Rock Limited in liquidation and the HGG liquidators. The court found that the separation of issues failed, the locus standi point failed, and that Mr Merceij could intervene in the main section 29 proceedings. It also rescinded the order granted on 23 October 2024 and ordered costs against the respondents.
This may be relevant to parties interested in intervention, rescission, and standing issues in liquidation related proceedings.
Evidence from source
The separation of issues in terms of Rule 33(4) fails. 2. The point in limine on locus standi raised by the HGG liquidators fails.
Supports: The court's rulings on separation of issues and locus standi.
The Intervening Party, Mr Adrianus Merceij is granted leave to intervene in the main proceedings (section 29 application)
Supports: The intervention outcome.
The judgment and order granted by Nuku, J on 23 October 2024 is rescinded.
Supports: The rescission outcome.