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Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPPHC 230

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Ragavan and Others v Klopper N.O. and Others (12897/2018) [2018] ZAGPPHC 230

4th May 2018


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[1] This is an urgent appeal in terms of section 18 of the Superior Courts Act 10 of  2013  (the Act).

[2] The four respondents are the duly appointed business rescue practitioners (the rescue practitioners) of Optimum Coal (Pty) Ltd and seven other related companies (the rescue entities) forming part of the Oakbay Group of companies (the Oakbay Group).


[3] For convenience and in order to interact with the directors, the management and administrative personnel of the rescue entities, the rescue practitioners elected to utilize premises situate at Grayston Ridge Office Park, Biock A, Lower Ground, 144 Katherine Street, Sandton, Johannesburg, Gauteng (the premises) in order to comply with their statutory duties and obligations in rehabilitating the    rescue entities. According to the respondents, although five of the companies which are under business rescue, conduct business elsewhere other than the premises, the control and management of all these rescue entities is centrally operated from  the premises.

[4] However on 5 April 2018, the matter took a different turn. The appellants denied the rescue practitioners access to the premises resulting in the latter being unable to execute their statutory duties and obligations, which included the management of the rescue entities and the development and publication of the business rescue plans within the statutorily determined deadlines, which were imminent. The respondents contend that all the information relating to the rescue entities is collated and retrieved from the records kept at the premises. In  addition, the financial records, post the commencement of business rescue, such as the revenue and expenses of the rescue entities are kept at the premises.


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