Faced with a debtor who (i) had repeatedly acknowledged indebtedness yet failed to pay; (ii) argued that the business rescue application lodged on the eve before the liquidation hearing (which application was only issued minutes before the hearing) suspended the progress of the liquidation application; and (iii) raised jurisdictional objections, the Western Cape High Court (WCHC) was required to assess whether the defences raised by the respondent, including the business rescue application, were bona fide or merely tactical.
Facts
On 30 January 2024, the applicant, Exeo Khokela Civil Engineering Construction (Pty) Ltd, and the respondent, Schoonspruit Development (Pty) Ltd, concluded a written agreement for the…