LML4806
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: September 2024
QUESTION 1 (2 ANSWERS PROVIDED)
Barbara, as the business rescue practitioner of Thirsty Elephants (Pty) Ltd, can seek to have
the vote of Winelands Packers (Pty) Ltd set aside by applying to the court. According to Section
153(1)(a)(ii) of the Companies Act 71 of 2008, if the business rescue plan is rejected by the
creditors or shareholders, the practitioner may apply to court to set aside the result of the vote
on the grounds that it was inappropriate. In this case, Barbara can argue that the vote by
Winelands Packers is inappropriate and detrimental to the successful rescue of the company.
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