CJ PETROW & COMPANY (PTY) LTD v GWARADZIMBA NO 2014 (1) ZLR 487 (H)

Flynote

C Administrative law — administrative decisions and acts — decision adverse to applicant — remedies available to person aggrieved — review in terms of Administrative Justice Act [Chapter 10:28] — courses open to court — when court may substitute its own decision for that of administrative authority

D Company — administration in terms of Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] — purpose of such administration — duties of administrator — grant of leave to institute proceedings against company — what administrator should consider — debts incurred before or after reconstruction order issued — whether should be treated differently — duties of administrator when application made to bring proceedings against company — must act in accordance with principles of Administrative Justice Act [Chapter 10:28]

Statutes — Reconstruction of State-Indebted Insolvent Companies Act [Chapter 24:27] — reconstruction order under Act — purpose of — duties of administrator — grant of leave to institute proceedings against company — what administrator should consider — debts incurred before or after reconstruction order issued — whether should be treated differently — duties of administrator when application made to bring proceedings against company — must act in accordance with principles of Administrative Justice Act [Chapter 10:28]