ORDECO (PRIVATE) LIMITED versus DAVID GOVERE and THE REGISTRAR OF DEEDS N.O

Key Issues

• {"issue_text":"Whether first respondent was a director of Coldrac at material times","issue_type":"mixed","dispositive":"yes","related_facts":"Respondent held himself out as director, no proof of resignation notification"}
• {"issue_text":"Whether first respondent conducted Coldrac's business recklessly or with intent to defraud","issue_type":"mixed","dispositive":"yes","related_facts":"Entered consent order knowing inability to pay, continued trading while insolvent"}
• {"issue_text":"Whether first respondent's immovable properties should be declared executable","issue_type":"law","dispositive":"no","related_facts":"Personal liability established under s 318"}
• {"issue_text":"Whether costs should be on legal practitioner-client scale","issue_type":"procedural","dispositive":"no","related_facts":"Parties previously agreed to higher scale in consent order"}

Background