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Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Directors, Creditors – Do Personal Suretyships Survive Business Rescue?

Company / Corporate / Compliance, Insolvency / Liquidation, Litigation

“Creditors have better memories than debtors” (Benjamin Franklin) In these hard times of pandemic and economically destructive unrest, an unfortunate number of businesses face collapse, and many will opt for the “first aid for companies” option of business...
Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One

Suing a Debtor – Make Sure Your Victory Isn’t a Hollow One

Debt Recovery, Litigation

“Pyrrhic victory”, n. A very costly victory, wherein the considerable losses outweigh the gain, so as to render the struggle not worth the cost (Wiktionary) With our economic woes unlikely to abate any time soon, expect an increasing number of your debtors to find...
Lockdown! Nuisance Neighbours and How to Handle Them

Lockdown! Nuisance Neighbours and How to Handle Them

Litigation, Property

“You can be a good neighbour only if you have good neighbours” (Howard E. Koch) It looks as if we will still be under “restricted movement” orders for a while – even when we finally get down to Alert Level 2 and who knows when that will be.  Tensions...
Leases, Contracts and COVID-19: What is Force Majeure?

Leases, Contracts and COVID-19: What is Force Majeure?

Contract, Litigation, Property

The COVID-19 crisis has changed everything. Our personal lives have been upended and our businesses hit hard.  And with many businesses operating out of leased premises, a great many landlords and tenants are asking themselves what happens if the crisis leaves a...
Running a Business in a Residential Area – Check Your Zoning First!

Running a Business in a Residential Area – Check Your Zoning First!

Litigation, Property

“It is unquestionable that an owner of land is not permitted to perform activities which contravene the restrictive title conditions or the zoning restrictions” (extract from judgment below) You decide to open a home business, or perhaps you are about to buy a house...
Your Written Contract Should Cover Everything – No Oral Evidence Allowed!

Your Written Contract Should Cover Everything – No Oral Evidence Allowed!

Contract, Litigation

Here’s another warning from our courts to make sure that all your contracts are properly drawn to reflect both accurately and fully what you have agreed to. The problem with leaving anything out – or agreeing to something that isn’t then fully recorded in your...
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