Lawyers representing corruption accused company Bosasa, which has entered into a court battle to have its own decision to enter into voluntary liquidation set aside, claim it is being hijacked by liquidators.
Decisions the liquidators took, such as the firing of certain staff, including Lindsay Watson, kicking directors out of the offices and moving ahead with the search for potential buyers for certain assets, were having an adverse effect on the company and its staff, he submitted, and the court needed to grant a declaratory order to set aside the special resolutions.
“We would argue to anyone…that these companies are not in liquidation,” Hellens said. “Our starting point is that if there was no resolution, there was no appointment [of the liquidators].
This is in reference to Lutchman. Luderitz told the court that Gumede had been instrumental in going to various employees and creditors to ask them to sign requisitions that supported the appointment of Lutchman. “Then miraculously there is this urgent need to find some technical issue with the resolutions…that is the reason why we are here. The plan didn’t work out,” Luderitz said.
Faces of evil
OK so these bossasa guys realizes there is still some paperwork that was not destroyed and went to court to overturn their own decision so they can get to the paperwork?
It was Judge Brett Kavanaugh soon to be Associate Justice who contended that Judges make a call on facts b4 thrm. The reality is that Banking Institutions have signalled intent to boycott Bosasa. How will it operate? Daft call? Legally inconsequential?
So Bosasa was tasting the water, now they must face the consequences.
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