Court went 'overboard' - SA Express to appeal business rescue ruling

The High Court decided on this move after transport and logistics company Ziegler filed an urgent application last month in a bid to recoup over R11 million owed to it.

FILE: A general view of an SA Express plane. Picture: Facebook.com.

JOHANNESBURG - SA Express on Thursday slammed the decision of the High Court in Johannesburg, saying it went overboard with its ruling that the state-owned airline should be placed under business rescue.

The High Court decided on this move after transport and logistics company Ziegler filed an urgent application last month in a bid to recoup over R11 million owed to it.

SA Express did not waste time in responding to the hard-hitting judgement against it. In a statement, it said the court went beyond what Ziegler was asking for.

The beleaguered airline said it would appeal the ruling and had already instructed its lawyers to file papers as soon as possible.

“Considering the content of the judgment, it is clear that the court went over and above what it was required and granted orders not sought by the applicant. The court has also not made any order on whether the matter was urgent or not, in circumstances when the urgency was specifically opposed,” the airline said through the statement.

“The company has instructed its attorneys to apply for leave to appeal, which leave will be filed as soon as it is considered and settled by senior counsel,” it added.

SA Express finances were looking bleak despite receiving a R300 million bailout in September last year.

Ziegler demanded R11.3 million from the airline for unpaid services from 2017.

SA Express terminated its contract with the service provider last year.