{"issue_text":"Whether the matter is urgent given the alleged delay in bringing the application","issue_type":"procedural","dispositive":"no","related_facts":"Application filed 14 days after creditors' meeting; alleged knowledge since 2023"}
{"issue_text":"Whether the applicant has locus standi to institute the application without an accepted claim","issue_type":"procedural","dispositive":"no","related_facts":"Applicant alleges it is a creditor but claim not yet accepted"}
{"issue_text":"Whether the applicant was required to give notice to affected persons under s 123 of the Insolvency Act","issue_type":"procedural","dispositive":"no","related_facts":"Application to stop corporate rescue manager from performing functions"}
{"issue_text":"Whether the applicant has established a prima facie case for an interim interdict","issue_type":"mixed","dispositive":"yes","related_facts":"First respondent's involvement in company's financial affairs; potential irreparable harm"}
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background
Facts of the Case
Background
The applicant sought an interim interdict to stop the first respondent from acting as Corporate Rescue Manager for the third respondent, pending determination of a main application to set aside his appointment. The first respondent was alleged to be conflicted due to his previous involvement in the company's financial affairs.
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