Practice AREA
Business Rescue and Insolvency
MHA has a dedicated business rescue and insolvency practice that works closely with the firm’s litigation department to provide dynamic and sustainable solutions to businesses facing debt-related challenges.
The practice is headed up by Ehi Enabor who, in addition to advising clients in the area of general commercial litigation, also advises companies on matters related to business rescue and insolvency related issues.
We offer advisory and litigation services in the following areas:
- Liquidations (winding-up applications)
- Business rescue
The team works with businesses to ensure that their debt-related concerns are legally managed and aligned with their commercial needs.
- Successfully represented Wescoal Mining (Pty) Ltd in a High Court matter in which the Court was persuaded to accept the interpretation of the Business Rescue provisions of the Companies Act 71 of 2008 relating to the voting interests of post-commencement creditors, as contended for by the client (reported as Wescoal Mining (Pty) Ltd Another v Mkhombo NO [2023] ZAGPJHC 1097).
- Advised the IDC in relation to commercial law and insolvency matters pertaining to the IDC’s negotiations with third parties regarding the sale of its claim against an insolvent debtor.
- Represented the IDC in relation to various urgent applications against debtors.
- Represented the Public Investment Corporation in relation to its claim against VBS Bank Limited (in liquidation).
- Represented the IDC in application proceedings for the perfection of its security.
- Represented the IDC in application proceedings relating to its claim under guarantee agreements concluded with a borrower.
- Represented Diageo SA (Pty) Limited in action proceedings for the recovery of monies advanced to an events company.
- Represented the Land and Agricultural Development Bank of South Africa in its recovery of loans advanced to various private entities in terms of its LDFU scheme.
- Represented Basil Read in the recovery of monies owed to it for the rental of machinery.
- Represented the Land and Agricultural Development Bank of South Africa in the recovery of loan amounts advanced to businesses for purposes of conducting farming operations.
- Represented Eskom SOC Ltd in the collection of arrear debt for electricity revenue from a municipality.
- Tel: +27 11 783 8020
- Fax: +27 11 783 3842
Address
107 Johan Avenue Block B, Wierda Court Dennehof, Sandton 2196 Johannesburg, South Africa.
- 2024
- Mkhabela Huntley Attorneys Inc. All rights reserved.