Associated Mine Workers Union of Zimbabwe v Redwing Mining Company (Private) Limited and 3 Others

HMT 58-20

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Case Details

Court

Mutare High Court

Date

3 September 2020

Citation

HMT 58-20

Neutral Citation

[2020] ZWHMT 58

Outcome

unknown

Case Type

Urgent Application

Bench

Presiding

Muzenda J

Full Bench

Muzenda J

Areas of Law

Insolvency LawCorporate LawCivil Procedure

Keywords

Corporate rescueExecution pending appealUrgencyInsolvency ActInterim relief

Key Issues

{"issue_text":"Whether an urgent chamber application may be brought where interim relief is substantially similar to final relief sought","issue_type":"procedural","dispositive":"no","related_facts":"Structure of draft order seeking both interim and final relief"}
{"issue_text":"Whether the application for leave to execute pending appeal is urgent","issue_type":"procedural","dispositive":"no","related_facts":"Timing of application after appeal noted"}
{"issue_text":"Whether leave to execute corporate rescue order pending appeal should be granted","issue_type":"mixed","dispositive":"yes","related_facts":"Prejudice to parties, prospects of success on appeal"}

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background

Facts of the Case

Background

The applicant union successfully placed the first respondent mining company under corporate rescue in HC 99/19. When the first respondent appealed to the Supreme Court (SC 327/20) and suspended the corporate rescue practitioner's operations, the applicant filed an urgent application for leave to execute the corporate rescue order pending appeal.

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