THE TRUSTEES OF KUZOTA THREE FAMILY TRUST N.O v DIAMOND PRECISION (PVT) LTD

Key Issues

• {"issue_text":"Whether applicants should be granted condonation for failure to appear on the set down date and reinstatement of the struck-off matter","issue_type":"procedural","dispositive":"yes","related_facts":"Late appearance, lack of prior postponement request, 9-day delay in filing condonation application"}
• {"issue_text":"Whether the use of wrong form in the original application is a ground for dismissal","issue_type":"procedural","dispositive":"no","related_facts":"Applicants used alien form instead of Form CC 11 A"}
• {"issue_text":"Whether the absence of a prayer for condonation in the draft order is fatal","issue_type":"procedural","dispositive":"no","related_facts":"Draft order lacked specific condonation prayer"}
• {"issue_text":"Whether applicants have reasonable prospects of success in the underlying corporate rescue application","issue_type":"mixed","dispositive":"yes","related_facts":"Applicants claim US$778,000, respondent disputes liability, both parties were debtors to financier"}

Background