Meisel and Another v Sweet Sue Investments CC and Another (2020/7700) [2025] ZAGPJHC 168 (20 February 2025)
Court
South Gauteng High Court, Johannesburg
Case number
2020/7700
Judge
Raubenheimer
The High Court granted final winding up of a close corporation after finding an irretrievable deadlock between equal members and compliance with service requirements.
De Sa Miranda v True Ruby Trading 1035 CC and Another (20548/2023) [2024] ZAWCHC 430; [2025] 1 All SA 645 (WCC) (30 December 2024)
Court
Western Cape High Court, Cape Town
Case number
20548/2023
Judge
P Farlam
The court found that the applicant had been excluded from the management and information of True Ruby for an extended period, had not received his share of income, and that the second respondent's assertion that the applicant was no longer entitled to his membership interest was not credible. The evidence, including the Association Agreement, financial statements, and the conduct of the second respondent, supported the applicant's version that trust and confidence between the members had irretrievably broken down. The court held that, in the absence of viable alternative remedies and given th…
Du Preez v Van Rooyen (26156/20) [2021] ZAGPPHC 22 (18 January 2021)
Court
North Gauteng High Court, Pretoria
Case number
26156/20
Judge
C.J. Collis
The High Court terminated a close corporation member’s 15% interest on just and equitable grounds and upheld a damages counterclaim arising from a repudiated sale agreement.
PSG Wealth Financial Planning (Pty) Ltd v Louw and Others (556/2019) [2019] ZAECGHC 63 (18 June 2019)
Court
Eastern Cape High Court, Grahamstown
Case number
556/2019
Judge
M.S. Jolwana
The court found that all clients serviced by the first and second respondents under the applicant's FSP licence are, by law and contract, clients of the applicant. The association agreements clearly define clients and business in terms that vest ownership and protectable interests in the applicant. The restraint of trade and confidentiality undertakings are valid and enforceable, as the respondents failed to prove unreasonableness or excessive one-sidedness. The period of restraint sought by the applicant was reduced to nine months from the termination date, as this was found to be reasonable…
Schwarz and Another v Andre NO and Others (34615/16) [2017] ZAGPJHC 461 (16 August 2017)
Court
South Gauteng High Court, Johannesburg
Case number
34615/16
Judge
L Windell
The High Court upheld an exception to particulars of claim, finding the second plaintiff had not pleaded enough material facts to sustain a cause of action.
Niland v Huntershill Safari CC and Another (5622/2015) [2016] ZAECGHC 102 (12 October 2016)
Court
Eastern Cape High Court, Grahamstown
Case number
5622/2015
Judge
Roberson
The court found that Huntershill Safari CC was a small domestic corporation formed on the basis of a personal relationship involving mutual confidence between the applicant and the second respondent. The relationship had irretrievably broken down due to the respondent's affair with the applicant's wife and subsequent conduct, as well as the applicant's later breach of fiduciary duties. The court determined that the breakdown of trust and confidence made it impossible for the members to cooperate in the conduct of the corporation's affairs, as required by the association agreement. The respond…
Smyth and Another v Mew (270/09) [2010] ZASCA 56; 2010 (6) SA 537 (SCA) (1 April 2010)
Court
Supreme Court of Appeal
Case number
270/09
Judges
Navsa, Cloete, Van Heerden, Bosielo, Seriti
The Supreme Court of Appeal upheld liquidation of a close corporation after finding the members’ relationship had irretrievably broken down and a buy-out lacked sufficient valuation evidence.
Schwartz NO v Pike and Others (668/06) [2007] ZASCA 106; [2007] SCA 106 (RSA) [2008] 1 All SA 89 (SCA); 2008 (3) SA 431 (SCA) (19 September 2007)
Court
Supreme Court of Appeal
Case number
668/06
Judges
Mthiyane, Heher, Van Heerden
The court held that the executor had to give the remaining members a reasonable chance to agree on an accountant before requesting an external appointment.
