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South Africa Case Law

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Civil Procedure [2023] ZAGPPHC 1196

Waxham and Others v Saffy N.O and Others (9272/2020)

Waxham and Others v Saffy N.O and Others (9272/2020) [2023] ZAGPPHC 1196 (19 September 2023)

Court
North Gauteng High Court, Pretoria
Case number
9272/2020
Judge
R G Tolmay

The court found that the applicants' delivery of the notice of motion dated 15 December 2020 and the supplementary affidavit constituted an irregular step under Rule 30, as it sought to broaden both the causes of action and the class of claimants beyond what had been certified. The certification order granted in December 2019 only authorized litigation on behalf of shareholders in HS21 and HS22 for specific performance of buy-back agreements. The applicants failed to lay a proper foundation for expanding the class or causes of action and did not address the requirements for certification as s…

Source excerpt

  • Class Action Certification
  • Irregular Step
  • Specific Performance
  • Buy Back Agreements
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Civil Procedure [2019] ZAGPPHC 953

Vlok and Others v Georgiou and Others (80811/2014)

Vlok and Others v Georgiou and Others (80811/2014) [2019] ZAGPPHC 953; [2020] 1 All SA 884 (GP) (10 December 2019)

Court
North Gauteng High Court, Pretoria
Case number
80811/2014
Judge
RG Tolmay

The court found that the applicants satisfied the requirements for certification of a class action. The class of investors in HS 21 and HS 22 is objectively identifiable by reference to their participation in buy-back agreements. There is sufficient commonality of issues, as all claims arise from the same contractual terms. The opt-in and registration fee model, though imperfect, is justified by the practical necessity of funding the litigation and is the only viable option to allow the class action to proceed. The applicants and their attorneys are suitable representatives, having demonstrat…

Source excerpt

  • Class Action Certification
  • Buy Back Agreements
  • Scheme Of Arrangement
  • Business Rescue
  • Opt In Class Definition
  • Funding Model For Class Action
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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.