In the News

21
Apr

APRIL 2017

– LETTER FROM JOHAN STANDER (HSAG COMMITTEE) TO MR. NIC GEORGIOU REGARDING IMPROVED SETTELEMENT OFFER, SENT ON 5 APRIL 2017. 

Click here to read the Letter. 

26 April 2017

Theron & Partners, Stellenbosch

– LETTERS ADDRESSED TO THE ATTORNEYS OF ORTHOTOUCH, HANS KLOPPER AND      DEREK PEDOE COHEN IN RESPONSE TO THE ORDER OF THE SUPREME COURT OF APPEAL (AS REFERRED TO IN POINT 3 BELOW)

Letter to Faber Goertz Ellis Austen Inc and Natalie Lubbe & Associates (Click here to open link)  

Letter to Zwiegers Attorneys (Click here to open link)  

25 April 2017

Theron & Partners, Stellenbosch

– ORDER OF THE SUPREME COURT OF APPEAL, BLOEMFONTEIN 

The Registrar of the Supreme Court of Appeal in Bloemfontein notified us that the Application for Leave to Appeal by Orthotouch against the judgment of his Lordship Spilg in the Johannesburg High Court was dismissed with costs on the grounds that the orders are purely interlocutory and that there is in any event no reasonable prospect of success in an appeal and that there is no other compelling reason why an appeal should be heard.

Hans Klopper, Business Rescue Practitioner, withdrew his application for leave to appeal.

Orthotouch is now obliged in terms of an order of the Supreme Court of Appeal to provide the Attorneys of the HSAG with a list of all persons who were entitled to vote in respect of the S155 Scheme of Arrangement and to whom notice thereof was given.

The Receiver, Derek Cohen, is to provide the Attorneys of the HSAG with a list of all persons who voted in favour or against the approval S155 Scheme of Arrangement.

Each such list shall contain a list of all known contact details.

The Order was already granted on 30 November 2016 but was sent via snail-mail by the Registrar of the Supreme Court of Appeal to the HSAG Attorneys’ Correspondent Attorneys in Johannesburg, and only received today. 

Click here to read the order

12 April 2017

Theron & Partners, Stellenbosch

– PRETORIA AND JOHANNESBURG HIGH COURT JUDGMENTS

The Pretoria High Court ruled on 7 April 2017 in favour of the HSAG against Mr Nic Georgiou, Orthotouch and others, with Costs.

The HSAG brought two urgent applications in February and March 2017 against the above parties in the Pretoria and Johannesburg High Courts for the unlawful withdrawal of the Certification of the Class Action (Pretoria) and Setting Aside of the S155 Scheme of  Arrangement (Johannesburg).

Both  Courts considered the applications to be urgent and ordered Mr Georgiou and Orthotouch to pay costs, including the costs of the senior and junior HSAG advocates.

The Pretoria High Court ruled that the Application for certification of a class action is not withdrawn and has never been withdrawn. The notice of withdrawal by the former HSAG Applicants was irregular and set aside. The attempt to substitute the HSAG Attorneys of record was also ruled to be irregular and set aside. The new HSAG Applicants are also formally joined as applicants in the Pretoria matter.

Click here to read the judgment

7 April 2017

Theron & Partners, Stellenbosch