Kylene Weyers

Kylene Weyers

Senior Associate

Kylene Weyers is a Senior Associate in our Dispute Resolution practice, specialising in business rescue, restructuring, insolvency, corporate recovery and general commercial litigation.

She represents various major corporate clients, creditors, liquidators, trustees and business rescue practitioners.

Kylene is known for her innovative yet practical approach to solving complex legal challenges and in doing so, she provides meaningful and sustainable solutions which are aligned with the commercial imperatives of her clients.

t +27 (0)11 562 1118 f +27 (0)11 562 1111

Kylene was previously employed at Hogan Lovells (SA) Inc in the Business Restructuring and Insolvency law department. She joined Hogan Lovells as a Candidate Attorney in 2014. She was appointed as an Associate in 2016 and was promoted to Senior Associate in 2018.

Kylene joined Cliffe Dekker Hofmeyr as a Senior Associate in 2018.

  • Advising clients on business rescue, liquidation and sequestration proceedings.
  • Assisting business rescue practitioners in business rescue proceedings.
  • Assisting creditors in opposing business rescue proceedings.
  • Drafting of business rescue applications and applications to convert business rescue proceedings into liquidation proceedings.
  • Drafting of liquidation and sequestration applications and litigation arising from the liquidation of companies.
  • Drafting of applications for the extension of liquidators' and trustees' powers.
  • Drafting of creditors' claims against companies in business rescue and liquidation.
  • Drafting of applications to set aside voidable transactions.
  • Convening and prosecution of insolvency enquiries.
  • General commercial litigation including debt recovery and restructuring
  • Assisting clients in litigation proceedings in matters relating to contracts, delict, unjustified enrichment, shareholder disputes and director disputes.

Representative Experience

  • Representing ABSA in various business rescue and insolvency matters.
  • Representing the business rescue practitioners of Silver Lake Trading 447 (Pty) Ltd. Silver Lake is a major coal mining company conducting its operations in Ermelo, Mpumalanga.
  • Represented Trudon (Pty) Ltd (a subsidiary of Telkom) in the sequestration of Adriaan and Fredrika Van Vuuren, whose claim against the estate of the Van Vuurens was in the amount of R512 million. Further represented the trustees in the insolvent estate of the Van Vuurens in conducting an insolvency enquiry and taking enforcement measures to recover the monies. In addition, representing the liquidators of the interrelated entities. Also represented Trudon in several litigious and related processes.
  • Represented Firstrand Bank Limited in major High Court litigation against a close corporation and its sole member to recover R47 million. Further represented the bank in the liquidation and sequestration proceedings, execution processes and an insolvency enquiry.
  • Represented Crown Chickens (Pty) Ltd (third largest producer and distributor of poultry products in SA) in its empowerment transaction with Cultiver Investments (Pty) Ltd that will result in the black empowerment agricultural company realising a turnover of R659 million over the next 10 years. Also represented Crown Chickens' and Cultiver's interests in the business rescue of Mike's Chicken (Pty) Ltd.
  • Represented Medshield Medical Scheme, a creditor of Alumni Trading 264 (Pty) Ltd (in liquidation) in the amount of R10 million, in liquidation proceedings and an insolvency enquiry.
  • Represented SARS (largest independent creditor with a claim of R685 million) in the business rescue of Evraz Highveld Steel and Vanadium Ltd and further in tax litigation with the business rescue practitioners of Evraz.
  • Represented San Harbor Enterprises Ltd, a creditor of Azure African Minerals (Pty) Ltd (in the amount of $375 000) and Azure Resources International Ltd (in the amount of $400 000), in liquidation proceedings in South Africa and Hong Kong. Also represented San Harbor's interests in the business rescue of Horizon Chrome Mine (Pty) Ltd.
  • Represented the business rescue practitioners of Shaft Sinkers (Pty) Ltd (SA) (in business rescue) in a global litigation matter, successfully opposing enforcement of an international arbitration award in favour of Eurochem VolgaKaliy LLC (Russia) in the amount of $124 million.
  • Represented Bank of China Ltd in obtaining judgment against Sinosteel Corporation Ltd (incorporated in China) as surety in the amount of R513 million.
  • Represented Bank of China Ltd, a creditor in the business rescue of International Ferro Metals (SA) (Pty) Ltd and in the administration of International Ferro Metals Ltd (in Australia).
  • Represented Blue Chip Mining (Pty) Ltd, itself in business rescue, where through applications and counter-applications, its largest debtor Kudumane Manganese Resources (Pty) Ltd was forced into business rescue. This is the first case where a company in business rescue has placed its largest debtor in business rescue as a method of debt collection.
  • Represented the business rescue practitioner in the successful business rescue of Cato Ridge Electrical Construction (Pty) Ltd.
  • Represented Sandwich and Salad Franchises of South Africa (Pty) Ltd (Subway) in various dispute resolution processes.
  • Represented the business rescue practitioner of Tshwane Cables in all aspects of the business rescue process of Tshwane Cables (Pty) Ltd.
  • Represented the business rescue practitioner of Panamo Properties (Pty) Ltd in his successful appeal to the SCA, in the matter of Properties (Pty) Ltd v Nel and Another NNO (35/2014) 2015 ZASCA 76, a groundbreaking judgment relating to business rescue.
  • Represented Richards Bay Coal Terminal (Pty) Ltd, a creditor of Optimum Coal Terminal (Pty) Ltd and Koornfontein Mine Pty Ltd (both in business rescue).
  • Represented CGCOC S.A (Pty) Ltd, a creditor of Unital Holdings (Pty) Ltd in the amount of R10 million, in liquidation proceedings.

Education

  • B.Com Law (cum laude), University of Johannesburg
  • LLB (cum laude), University of Johannesburg
  • LLM in Commercial Law (cum laude), University of Johannesburg
  • Advanced Short Course in Business Rescue (with distinction), University of South Africa
  • Year of admission as an attorney: 2016

Membership

  • SARIPA (South African Restructuring and Insolvency Practitioners Association)
  • TMA (Turnaround Management Association of Southern Africa)
  • WOLELA (Women Leading in Law)