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Geffen and Others v Dominquez-Martin and Others (4501/2014) [2017] ZAWCHC 118; [2018] 1 All SA 21 (WCC) (17 October 2017)
The High Court dismissed a minority oppression application under s 163 of the Companies Act and s 49 of the Close Corporation Act, finding no proven unfair prejudice.
Oosthuizen v Oosthuizen and Others (8307/2016) [2017] ZAWCHC 43 (14 March 2017)
The court found that the applicant failed to discharge the onus required under section 49 of the Close Corporations Act. The evidence showed that she was not excluded from management, was granted full access to financial documentation, and participated in decision-making. Her complaints regarding exclusion, lack of access, and unfair treatment were not supported by the facts or contemporaneous correspondence. The court held that a breakdown of trust alone does not entitle a member to relief under section 49; there must be conduct that is both prejudicial and unfair. The applicant did not prov…
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