WILLDALE LIMITED v PHIBION GWATIDZO N.O and TERRIERS-LAXTOP BANKS and MASTER OF THE HIGH COURT N.O

Key Issues

• {"issue_text":"Whether the applicant satisfied the requirements under section 80 of the Insolvency Act for removal of a liquidator","issue_type":"procedural","dispositive":"no","related_facts":"Respondents' preliminary objection regarding statutory requirements"}
• {"issue_text":"Whether the applicant's participation in the creditors' meeting cured the alleged misconduct","issue_type":"procedural","dispositive":"no","related_facts":"Applicant attended meeting but opposed ratification"}
• {"issue_text":"Whether the relief sought was overtaken by events","issue_type":"procedural","dispositive":"no","related_facts":"Meeting was held before judgment"}
• {"issue_text":"Whether the liquidator acted unlawfully by selling assets without creditors' authority","issue_type":"law","dispositive":"yes","related_facts":"Sale to second respondent without approval"}
• {"issue_text":"Whether the liquidator should be removed from office","issue_type":"law","dispositive":"yes","related_facts":"Liquidator's conduct and collusion allegations"}

Background