100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Previously searched by you
Previously searched by you
logo
LML4806 Assignment 2 (COMPLETE QUESTIONS AND ANSWERS) Semester 2 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. £1.97   Add to cart
Quickly navigate to
Preview
  2.  
  3. University Of South Africa
  4.  
  5. Company Law

Exam (elaborations)

LML4806 Assignment 2 (COMPLETE QUESTIONS AND ANSWERS) Semester 2 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions.
 14 views  2 purchases
  • Module
  • Company Law
  • Institution
  • University Of South Africa
  • Book
  • Company Law

LML4806 Assignment 2 (COMPLETE QUESTIONS AND ANSWERS) Semester 2 2024 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions.

Preview 2 out of 9  pages

Document information

  • August 24, 2024
  • 9
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers

Subjects

  • lml4806

Connected book

book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:

More summaries for

  • Company Law - Corporate Insolvency - Full lecture notes, textbook readings, further readings
  • Company Law - Corporate Contracting & Constitution - Full lecture notes, textbook readings, further readings
  • Company Law - Director's Duties & Corporate Management - Full lecture notes, textbook readings, further readings
All for this textbook (26)

Written for

  • University of South Africa
  • Company Law
All documents for this subject (24)

Seller

avatar-seller
masterstudy

Reviews received

Content preview

LML4806
Assignment 2 Semester 2 2024

, QUESTION 1


Advice to Barbara on Setting Aside Winelands Packers' Vote

1. Grounds for Application:

Barbara can apply to the court to set aside the vote of Winelands Packers (Pty) Ltd
based on several grounds:


• Improper Conduct

According to Section 153(6) of the Companies Act 71 of 2008, if a vote is cast in
a manner that is improper or not in good faith, it can be challenged. If Barbara
can show that Winelands Packers voted against the plan for reasons that are not
aligned with the company’s best interest or were intended to sabotage the rescue
process, this could be a strong basis for her application.


• Harmful Impact on the Rescue

If Winelands Packers' vote against the plan is blocking the successful adoption of
the business rescue plan and harming the company's chances of recovery,
Barbara could argue that their vote is detrimental to the company's rescue
efforts. This aligns with the purpose of business rescue, which is to rehabilitate
the company for the benefit of all creditors, including employees.


• Prejudice to Other Stakeholders

Barbara should also consider if Winelands Packers’ vote is unfairly harming other
creditors or the employees. If their opposition is causing undue harm or if their
vote is not representative of fair creditor interests, this could be a reason to
challenge their vote.

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller masterstudy. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £1.97. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

78677 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£1.97  2x  sold
  • (0)
  Add to cart