LBRToday 19:14
Michelle Barnardt
1h
·
Update 22 May - Court Hearing
Today, the only matter argued before the Court concerned the alleged non-joinder of affected persons.
The BRP, Arqomanzi, and Lions Bay argued that Gold Stream failed to join the affected persons and that setting aside the business rescue plan would be detrimental, using the argument that people may be required to repay amounts already received. (which is not practically true, as explained in my previous post)
In my unprofessional opinion, this appears to be a tactical attempt to have the matters dismissed.
As I explained yesterday, payments made to former employees were not made as business rescue payments, but rather as a cession arrangement. The only party truly affected would therefore be Lions Bay, which in fact admitted in one of its affidavits that, should the plan be set aside, Lions Bay would become a post-commencement funder.
All former employees who applied for payment of their outstanding claims were required to complete and sign forms confirming that they ceded their claims to Lions Bay.
Somehow, the other side again overlooked this important fact (payments were made as cessions) and argued that the matter should instead be postponed to allow for the joinder of all affected persons. By now, most former employees who were originally affected have effectively been replaced by Lions Bay through the cession agreements.
The Court adjourned proceedings in order to consider whether the application should be dismissed or postponed to allow Gold Stream to join the affected persons.
So, as usual, we are back to waiting.
However, there is some good news:
Lions Bay and the BRP undertook before the Court to continue with the payments. If you've submitted your forms but haven't received payment, please follow up with them and remind them that they agreed in Court to continue making payments.