Chapter 7: Remedies and Enforcement
Part A: General principles
s158: Remedies to promote purpose of Act
- () When determining a matter brought before it in terms of this Act, or making an order contemplated in this Act:
- (a) a court must develop the common law as necessary to improve the realization and enjoyment of rights established by this Act; and
- (b) the Commission, the Panel, the Companies Tribunal or a court:
- (i) must promote the spirit, purpose and objects of this Act; and
- (ii) if any provision of this Act, or other document in terms of this Act, read in its context, can be reasonably construed to have more than one meaning, must prefer the meaning that best promotes the spirit and purpose of this Act, and will best improve the realisation and enjoyment of rights
Related Sections
s132: Duration of business rescue proceedings
Related Regulations
No related regulations.
Related Notes
No related note.
Related Forms
CoR132.1: Application for ADR
CoR132.2: Referral by Commission or Panel for ADR
CoR132.3: Certificate of failed ADR