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– NEWSLETTER TO HSAG MEMBERS – JUNE\u00a02017 \/ <\/strong><\/p>\n – NUUSBRIEF AAN HSAG LEDE\u00a0– JUNIE 2017\u00a0<\/strong><\/p>\n Click here <\/a>for the English version<\/p>\n Kliek hier<\/a>\u00a0vir die Afrikaanse weergawe<\/p>\n 29 June 2017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n <\/p>\n – “Boost for Pickvest Class Action”<\/strong><\/p>\n The looming class action suit against Nic Georgiou and Orthotouch by investors in the failed R4.6 billion Pickvest property syndication schemes, may receive a significant boost.<\/p>\n Morkel Steyn, a senior marketing executive of Pickvest and a director of all the Highveld Syndication schemes, has \u201cdisassociated\u201d himself from property magnate Nic Georgiou, Orthotouch and several other related individuals, as he doesn\u2019t believe they act in the best interest of investors.<\/p>\n He has now approached the Highveld Syndication Action Group (HSAG), the driver of the class action application, to offer his assistance.<\/p>\n Click here<\/a> to read the full article by Moneyweb.<\/p>\n HSAG Management Committee<\/strong><\/p>\n 23 June 2017<\/strong><\/p>\n – HSAG COURT CASES TO DATE\u00a0<\/strong><\/p>\n Click here<\/a>\u00a0to view the HSAG Court Cases to date<\/p>\n <\/p>\n – Letter from Mr. Stander, member of the HSAG Steering Committee,\u00a0ceasing and terminating\u00a0any further settlement negotiations\u00a0with Mr. Nic Georgiou.<\/strong><\/p>\n Mr. Georgiou refused to sign the settlement agreements that were presented to him in March 2017 and also did not honour his undertaking to present a better or put any offer on the table.<\/p>\n As a consequence of the aforesaid, the HSAG Steering Committee members have resolved unanimously to cease and terminate any further settlement negotiations with him, as set out in a letter, dated 5 May 2017. See attached hereto or on the HSAG website.<\/p>\n Further information will be published on the HSAG website.<\/p>\n Click here<\/a> to read the letter.<\/p>\n <\/p>\n – RESPONDENTS’ APPLICATION(S) FOR LEAVE TO APPEAL IN THE PRETORIA AND JOHANNESBURG\u00a0MATTERS<\/strong><\/p>\n On 17 March 2017 (Johannesburg High Court) and 7 April 2017 (Pretoria High Court) 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.<\/p>\n Click here<\/a> to read the 1st Respondent’s \u00a0Leave to Appeal in the Johannesburg High Court matter.<\/p>\n Click here<\/a> to read the 12th to 16th Respondents’ Leave to Appeal in the Johannesburg High Court Matter.<\/p>\n Click here<\/a> to read the 1st to 5th Respondents’ Leave to Appeal in the Pretoria High Court Matter.<\/p>\n Click here<\/a> to read the 18th Respondent’s Leave to Appeal in the Pretoria High Court Matter.<\/p>\n <\/p>\n – HELGARD HANCKE SETTLEMENT OFFER\u00a0<\/strong><\/p>\n It is now official that Mr Helgard Hancke is promoting the interests of Orthotouch and\/or Mr. Nic Georgiou and therefor either acting as an agent for and\/or or in the employment of Orthotouch \/ Mr Nic Georgiou to the detriment of HSAG members. According to unconfirmed sources Mr Hancke has \u201csigned up\u201d some investors with Orthotouch, whilst still unlawfully using the hsag@telkomsa.net<\/a> e-mail address.<\/p>\n Mr Hancke has recently sent out contracts to members of the HSAG enticing them to sign settlement agreements with Orthotouch, thereby effectively settling and waiving all their claims which they have through the HSAG class action against Mr Nic Georgiou and the other Respondents in the HSAG Class Action.<\/p>\n Click here<\/a> to read further.<\/p>\n Click here<\/a>\u00a0to view\u00a0Mr. Hancke’s Settlement Offer.<\/p>\n Further information will be published on the HSAG website.<\/p>\n 3 May 2017<\/strong><\/p>\n Official Highveld Syndication Action Group (“HSAG”) Communication<\/strong><\/p>\n – LETTER FROM JOHAN STANDER (HSAG COMMITTEE) TO MR. NIC GEORGIOU REGARDING IMPROVED SETTELEMENT OFFER, SENT ON 5 APRIL 2017.\u00a0<\/strong><\/p>\n Click here<\/a> to read the Letter.<\/p>\n 26 April 2017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n <\/p>\n – LETTERS ADDRESSED TO THE ATTORNEYS OF ORTHOTOUCH, HANS KLOPPER\u00a0<\/strong>AND \u00a0 \u00a0 \u00a0DEREK PEDOE COHEN IN RESPONSE TO THE ORDER OF THE SUPREME COURT OF APPEAL (AS REFERRED TO IN POINT 3 BELOW)<\/strong><\/p>\n Letter to Faber Goertz Ellis Austen Inc and Natalie Lubbe & Associates (Click here<\/a>\u00a0to open link)<\/p>\n Letter to Zwiegers Attorneys (Click here<\/a>\u00a0to open link)<\/p>\n 25\u00a0April 2017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n <\/p>\n – ORDER OF THE SUPREME COURT OF APPEAL, BLOEMFONTEIN\u00a0<\/strong><\/p>\n 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.<\/p>\n Hans Klopper, Business Rescue Practitioner, withdrew his application for leave to appeal.<\/p>\n 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.<\/p>\n 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.<\/p>\n Each such list shall contain a list of all known contact details.<\/p>\n 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.<\/p>\n Click here to read the\u00a0o<\/a>rder<\/p>\n 12 April 2017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n <\/p>\n – PRETORIA AND JOHANNESBURG HIGH COURT JUDGMENTS<\/strong><\/p>\n The Pretoria High Court ruled on 7 April 2017 in favour<\/strong> of the HSAG against Mr Nic Georgiou, Orthotouch and others, with Costs.<\/p>\n 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\u00a0 Arrangement (Johannesburg).<\/p>\n Both\u00a0 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.<\/p>\n 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.<\/p>\n Click here to read the judgment<\/a><\/strong><\/p>\n 7\u00a0April\u00a02017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n – NOTICE TO HSAG MEMBERS: SETTLEMENT\u00a0<\/strong><\/p>\n The contracts for Settlement due for signing on 30 and 31 March 2017 was tendered to Mr Nic Georgiou to sign at Stellenbosch, as agreed with him.<\/p>\n Mr Georgiou attended the meeting but however declined to sign the agreements and indicated that he soon wants to make a more favourable offer than the current one on the table, to enable him to settle the HSAG Class Action as a whole and not only a portion thereof.<\/p>\n Once we have received a formal offer, we shall communicate it to you. The current offers are still on the table.<\/p>\n The HSAG shall in the meantime continue to pursue the claims of its members until it is resolved satisfactorily, whether via the legal route or via settlement.<\/p>\n 31 March 2017<\/strong><\/p>\n Theron & Partners, Stellenbosch<\/strong><\/p>\n <\/p>\n – GEORGIOU TRIED TO ‘SABOTAGE’ INVESTORS’ RIGHTS<\/strong><\/p>\n Read the latest Moneyweb article regarding the HSAG developments here<\/a>.<\/p>\n <\/p>\n – JUDGMENT HANDED DOWN ON 17 MARCH 2017 \u2013 JOHANNESBURG HIGH COURT<\/strong><\/p>\n The Johannesburg High Court ruled on 17 March 2017 in favour<\/strong> of the HSAG against Orthotouch, Mr Nic Georgiou and two of his entities with Costs.<\/p>\n 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).<\/p>\n The Johannesburg High Court considered both applications to be urgent in light of the tactics employed by the former HSAG Applicants and their new attorneys and ordered them to pay costs, including two HSAG counsel.<\/p>\n The Setting Aside Application is reinstated and the new HSAG Applicants are formally joined as applicants in the Johannesburg matter.<\/p>\n We positively await judgment in the Pretoria High Court and will inform the HSAG members upon receipt thereof.<\/p>\n HSAG Management Committee<\/strong><\/p>\n 17 March 2017<\/strong><\/p>\n Click here to read the judgment<\/a>\u00a0<\/strong><\/p>\n <\/p>\n – SETTLEMENT WITH MR NIC GEORIGIOU\u00a0<\/strong><\/p>\n Kindly take note that Mr Nic Georgiou undertook to sign the settlement agreements on 30 and 31 March 2017.<\/p>\n Also take note that late applications for Settlement closed on 17 March 2017.<\/p>\n It is the responsibility of each HSAG Member to ensure that his\/her application for settlement with Mr. Nic Georgiou was submitted timeously and that all the requirements stipulated were met. Failure to do so, may result in delays or the non-acceptance of his\/her application to settle and subsequent settlement.<\/p>\n All payments by Mr.Georgiou will be made into a dedicated Trust Account of Theron & Partners. Please ensure that you have complied with the\u00a0Financial Intelligence Centre Act (FICA) requirements. For due compliance, send an e-mail to hsagfica@gmail.com<\/strong> and attach your relevant documents to ensure payment of your settlement payments.<\/p>\n Any settlement related form can be sent to hsagsettle@gmail.com<\/a><\/p>\n – PRETORIA (3 FEBRUARY 2017) AND JOHANNESBURG (3 MARCH 2017) HIGH COURT CASES <\/strong><\/p>\n We received judgment in favour of the HSAG in the Johannesburg High Court on 17 March 2017.<\/p>\n We received judgment in favour of the HSAG in the Pretoria High Court on 7 April 2017.<\/p>\n –<\/strong>\u00a0HELGARD HANCKE \/ ELNA VISAGIE \/ HERMAN LOMBAARD<\/strong><\/p>\n Certain other persons, who do not form part of the HSAG, are still communicating with members of the HSAG in order to negotiate possible settlements with Mr Nic Georgiou\/Orthotouch. It is not known whether such persons purport to be representatives of the HSAG, but if so, we confirm that they are not<\/strong> entitled to contact members of the HSAG on behalf of the HSAG.<\/p>\n (CLICK HERE\u00a0TO READ FURTHER)<\/strong><\/a><\/p>\n <\/p>\n – APPLICANTS’ HEADS OF ARGUMENT – RULE 30 AND JOINDER APPLICATION <\/strong><\/p>\n APPLICANTS’ HEADS_VLOK & OTHERS v GEORGIOU & OTHERS<\/a>\u00a0<\/strong><\/p>\n <\/p>\n – LETTER FROM ORTHOTOUCH 17 JANUARY 2017<\/strong><\/p>\n (CLICK HERE TO READ FURTHER)\u00a0<\/a><\/strong><\/p>\n <\/p>\n – SUPREME COURT OF APPEAL JUDGMENT ON FRIDAY, 2 NOVEMBER 2016<\/strong><\/p>\n (CLICK HERE TO READ FURTHER)<\/a><\/strong><\/p>\n – Read the full judgment hereunder:<\/strong><\/p>\n Judgment: 2 December 2016<\/a><\/strong><\/p>\n <\/p>\n – RESIGNATION OF HELGARD HANCKE FROM THE HSAG STEERING COMMITTEE<\/strong><\/p>\n (CLICK HERE TO READ FURTHER)\u00a0<\/strong><\/a><\/p>\n <\/p>\n – ATTEMPTED HIJACKING OF THE HSAG<\/strong><\/p>\n (CLICK HERE TO READ FURTHER)<\/strong><\/a><\/p>\n ______________________________________________<\/p>\n Notice in terms of Rule 30(2)(b) – PRETORIA<\/a><\/p>\n Notice in terms of Rule 30(2)(b) – JOHANNESBURG<\/a><\/p>\n Kennisgewing in terme van Re\u00ebl 30(2)(b) – PRETORIA<\/a><\/p>\n
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