HOW CAN WE HELP?

We, as experienced attorneys, offer efficient and cost effective solutions to our clients in all areas involving commercial litigation and distressed debt which includes business rescue, liquidations and insolvencies.

Commercial litigation deals with every type of dispute that arises in the business environment. Examples thereof are breach of contract cases, partnership/joint-venture disputes, breach of fiduciary duty and shareholder issues etc. It can be complex and it requires a high level of expertise. At Brooks & Braatvedt a dedicated team, with the client’s best interests at heart, is assigned to deal with each matter to ensure the best possible and cost-effective outcome.

Insolvency is the inability of a company or a person to pay its/his debts. There are two types of inability to pay debts:

  1. Cash flow inability-where the business/person is unable to pay its/his debts as and when they fall due; and
  2. Factual inability-where the business/person’s liabilities exceed its/his assets.

Alec is a leading expert in insolvency law and has vast experience in the conducting of insolvency enquiries, acting as a Commissioner of insolvency enquiries, representing clients in insolvency enquiries and all litigation flowing therefrom.

We provide expert legal advice in all aspects relating to the liquidation of companies / close corporations, the sequestration of estates, negotiating and drafting of schemes of arrangement in terms of the Companies Act, the preparation of claims and all other related insolvency issues.

Business rescue aims to facilitate the rehabilitation of a company that is financially distressed by providing for the temporary supervision of the company and the management of its business and affairs by a business rescue practitioner. It provides for a temporary suspension of the rights of claimants against the company or in respect of property in its possession and provides for the development and implementation of a business rescue plan to rescue the company by restructuring its business, property, debt, affairs and other liabilities.

Keith was chairman of the Turnaround Management Association and he is a leading expert in the business rescue field. He is able to advise all affected parties, being the shareholders, directors, employees and creditors of a company in regard to the business rescue process, the manner in which companies should file for business rescue, the appointment of business rescue practitioners and the duties and responsibilities of all parties involved therein.

Arbitration is a form of alternative dispute resolution which is used for expedient commercial disputes as an alternative to the court system. Alec and Keith are able to act as arbitrators.


MAJOR MATTERS ATTENDED TO

  • Represented Spoorpendelkorporasie in Cape Investment Bank enquiry
  • Conducted the Crusader Life enquiry, and all litigation flowing therefrom, on behalf of the curators
  • Conducted the Prima Bank enquiry, and all litigation flowing therefrom, on behalf of the liquidators of Prima Bank Holdings
  • Attended to the business rescue (one of the first successful ones in South Africa) of Eldorado Fresh Lettuce CC
  • Conducted the North West Development Corporation enquiry, and all litigation flowing therefrom, on behalf of the judicial managers
  • Acting for BP in the business rescue of an essential BP distribution outlet
  • Conducted the Macmed Group (listed company) enquiry, and all litgation flowing therefrom, on behalf of the liquidators
  • Successfully sued the Macmed directors in terms of Section 424 of the Companies Act
  • Conducted the John Orrs enquiry on behalf of the liquidators.
  • Representing International Ferro Metals (Pty) Limited in various aspects of litigation leading to its successful turnaround
  • Representing the Bank of China in complex negotiations with power utilities in the business rescue process of ASA Metals (Pty) Limited.
  • Participated, as an investigator to the Commissioners, in the Rand Commission enquiry (2002)
  • Conducted the PSCGG/Porritt investigation and enquiry on behalf of the liquidators
  • Conducted the enquiry into the Brett Kebble estate, and all his entities, and the litigation flowing therefrom, on behalf of Randgold, JCI and the trustees/liquidators
  • Conducted the insolvent estate Barry Deon Tannenbaum enquiry, and all litigation flowing therefrom, on behalf of his trustees
  • Conducted the A Melamed Finance (Pty) Limited (in liquidation) enquiry, and all litigation flowing therefrom, on behalf of the liquidators
  • Acting for the joint liquidators in an action against the trustees of an insolvent Medical Scheme