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Business rescue plan affects claim against surety: Absa Bank v Du Toit and others –13 December 2013

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This is a recent judgment in the Western Cape High Court regarding the ability to enforce a claim against a surety, where the business rescue plan provides for payment to a creditor in full and final settlement.

Overview: 

Section 154 of the Companies Act 71 of 2008 provides as follows:

(1) A business rescue plan may provide that ...  


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