Grey area? Some clarity on the joinder of creditors
If a party wants to litigate against a company in business rescue and the rescue plan has been published but not yet adopted, should the company’s creditors join the court proceedings? Cliffe Dekker Hofmeyr examines the recent case of Blue Nightingale Trading 709 (Pty) Ltd v Nkwe Platinum South Africa (Pty) Ltd and Others, with some clarity provided by the Gauteng Division of the High Court.