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South Africa Case Law

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Commercial And Corporate [2024] ZAGPJHC 7

Moodley v Crazy Plastics Holdings (Pty) Ltd and Another (23/39002)

Moodley v Crazy Plastics Holdings (Pty) Ltd and Another (23/39002) [2024] ZAGPJHC 7 (5 January 2024)

Court
South Gauteng High Court, Johannesburg
Case number
23/39002
Judge
S Yacoob

The applicant, as a minority shareholder, is entitled to access independently reviewed financial statements for the relevant periods under the Companies Act. If audited financial statements exist for prior years, the company must disclose and provide them. If not, the applicant is entitled to have audited statements produced, with the cost to be shared between the applicant and the company. The respondents' conduct in refusing to engage substantively and taking a technical approach is found to be obstructive and unfair. The court orders the production and disclosure of independently reviewed…

Source excerpt

  • Shareholder Rights
  • Access To Company Information
  • Companies Act Section 26
  • Minority Protection
  • Audited Financial Statements
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Commercial And Corporate [2013] ZASCA 146

Spencer and Others v Memani and Another (675/2012)

Spencer and Others v Memani and Another (675/2012) [2013] ZASCA 146 (1 October 2013)

Court
Supreme Court of Appeal
Case number
675/2012
Judges
Lewis, Ponnan, Pillay, Willis, Meyer

The majority held that the requirements for lis alibi pendens were satisfied, as the earlier action and the application involved the same parties, cause of action, and subject matter regarding Memani's directorship. The defence could be raised before close of pleadings, and it was immaterial that the party raising the defence was the plaintiff in the other proceedings. The pending action should proceed to finality, and the application should be stayed to avoid piecemeal adjudication and unnecessary proliferation of litigation. The order of the court a quo was set aside, and the proceedings we…

Source excerpt

  • Lis Alibi Pendens
  • Shareholders Agreement
  • Director Removal
  • Declaratory Relief
  • Broad Based Black Economic Empowerment
  • Access To Company Information
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.