CJ PETROW & COMPANY (PTY) LTD v GWARADZIMBA NO 2014 (1) ZLR 487 (H)

2014 (1) ZLR p487

Flynote

Administrative law – administrative decisions and acts – decision adverse to applicant – remedies available to person aggrieved – review in terms of Administrative Justice Act [Chapter 10:28] – courses open to court – when court may substitute its own decision for that of administrative authority

Company – administration in terms of Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] – purpose of such administration – duties of administrator – grant of leave to institute proceedings against company – what administrator should consider – debts incurred before or after reconstruction order issued – whether should be treated differently – duties of administrator when application made to bring proceedings against company – must act in accordance with principles of Administrative Justice Act [Chapter 10:28]

Statutes – Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] – reconstruction order under Act – purpose of – duties of administrator – grant of leave to institute proceedings against company – what administrator should consider – debts incurred before or after reconstruction order issued – whether should be treated differently – duties of administrator when application made to bring proceedings against company – must act in accordance with principles of Administrative Justice Act [Chapter 10:28]