Diener NO v Minister of Justice and Others

JurisdictionSouth Africa
Citation2018 (2) SA 399 (SCA)
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7 practice notes
  • Companies and Close Corporations
    • South Africa
    • Yearbook of South African Law No. , March 2021
    • 10 March 2021
    ...conversion of business 17 See paras 21–2218 Ibid.19 2019 (4) SA 374 (CC).20 Diener v Minister of Justice and Correctional Services 2018 (2) SA 399 (SCA).21 71 of 2008 (Companies Act).© Juta and Company (Pty) YEARBOOK OF SOUTH AFRICAN LAW162https://doi.org/10.47348/YSAL/v1/i1a4rescue proceed......
  • Diener NO v Minister of Justice and Correctional Services and Others
    • South Africa
    • Invalid date
    ...SA 103 (KZP): referred to Diener NO v Minister of Justice [2016] ZAGPPHC 1251: referred to Diener NO v Minister of Justice and Others 2018 (2) SA 399 (SCA): H confirmed on FirstRand Bank Ltd v KJ Foods CC 2017 (5) SA 40 (SCA): dictum in para [75] applied Ingledew v Financial Services Board ......
  • The rights of affected persons as stakeholders during business rescue proceedings in South Africa
    • South Africa
    • Journal of Corporate Commercial Law & Practice No. , August 2019
    • 16 August 2019
    ...in business rescue: employees or something else?’ (2016) 49 De Jure 95–104.5 See among others Diener NO v Minister of Justice 2018 (2) SA 399 (SCA) dealing with the preference (if any) that the business rescue practitioner’s claim for remuneration and expenses enjoys over all creditors when......
  • Business Rescue Practitioners And Voidable Dispositions
    • South Africa
    • Mondaq Southafrica
    • 19 October 2022
    ...in the current case, in the matter of Diener NO v Minister of Justice and Others [2017] ZASCA 180; [2018] 1 All SA 317 (SCA); 2018 (2) SA 399 (SCA); 2019 (4) SA 374 (CC) held that Practitioners claims for remuneration were not given 'super-preference' including where a business rescue is co......
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4 cases
  • Diener NO v Minister of Justice and Correctional Services and Others
    • South Africa
    • Invalid date
    ...SA 103 (KZP): referred to Diener NO v Minister of Justice [2016] ZAGPPHC 1251: referred to Diener NO v Minister of Justice and Others 2018 (2) SA 399 (SCA): H confirmed on FirstRand Bank Ltd v KJ Foods CC 2017 (5) SA 40 (SCA): dictum in para [75] applied Ingledew v Financial Services Board ......
  • Commissioner for the South African Revenue Services v Louis Pasteur Investments (Pty) Ltd and Others
    • South Africa
    • Gauteng Division, Pretoria
    • 11 April 2022
    ...2, 6th ed, Oxford University Press, 2007.page 2304 [27] See Diener N.O v Minister of Justice and Constitutional Development & Others 2018 (2) SA 399 (SCA) at paras [28] & [40] & [54] [28] 1 property had been sold in 2015 while Mr. Naude was the business rescue practitioner and the next 5 so......
  • National Union of Metalworkers of S A v VR Laser Services (Pty) Ltd
    • South Africa
    • Gauteng Local Division, Johannesburg
    • 10 March 2020
    ...the creditors to vote for the approval of the plan [19] Sub-section 153(1) [20] Sub-section 153(5) [21] Diener v Minister of Justice 2018 (2) SA 399 (SCA) at [14]. The reference for Energydrive,Systems is 2017 (3) SA 539 (GJ) at [22] the BRP's remuneration and some expenses in terms of s 14......
  • Commissioner for the South African Revenue Services v Louis Pasteur Investments (Pty) Ltd and Others
    • South Africa
    • Gauteng Division, Pretoria
    • 11 April 2022
    ...2, 6th ed, Oxford University Press, 2007.page 2304 [27] See Diener N.O v Minister of Justice and Constitutional Development & Others 2018 (2) SA 399 (SCA) at paras [28] & [40] & [54] [28] 1 property had been sold in 2015 while Mr. Naude was the business rescue practitioner and the next 5 so......
1 firm's commentaries
  • Business Rescue Practitioners And Voidable Dispositions
    • South Africa
    • Mondaq Southafrica
    • 19 October 2022
    ...in the current case, in the matter of Diener NO v Minister of Justice and Others [2017] ZASCA 180; [2018] 1 All SA 317 (SCA); 2018 (2) SA 399 (SCA); 2019 (4) SA 374 (CC) held that Practitioners claims for remuneration were not given 'super-preference' including where a business rescue is co......
2 books & journal articles
  • Companies and Close Corporations
    • South Africa
    • Juta Yearbook of South African Law No. , March 2021
    • 10 March 2021
    ...conversion of business 17 See paras 21–2218 Ibid.19 2019 (4) SA 374 (CC).20 Diener v Minister of Justice and Correctional Services 2018 (2) SA 399 (SCA).21 71 of 2008 (Companies Act).© Juta and Company (Pty) YEARBOOK OF SOUTH AFRICAN LAW162https://doi.org/10.47348/YSAL/v1/i1a4rescue proceed......
  • The rights of affected persons as stakeholders during business rescue proceedings in South Africa
    • South Africa
    • Juta Journal of Corporate Commercial Law & Practice No. , August 2019
    • 16 August 2019
    ...in business rescue: employees or something else?’ (2016) 49 De Jure 95–104.5 See among others Diener NO v Minister of Justice 2018 (2) SA 399 (SCA) dealing with the preference (if any) that the business rescue practitioner’s claim for remuneration and expenses enjoys over all creditors when......

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