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South Africa Case Law

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Family And Children [2023] ZAKZDHC 78

S.K v C.A.K (D3535/2023)

S.K v C.A.K (D3535/2023) [2023] ZAKZDHC 78 (20 October 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
D3535/2023
Judge
Dutton AJ

The court found that the applicant failed to make full and proper disclosure of his financial circumstances, particularly by omitting income from a close corporation and failing to provide supporting financial documents. The analysis of his bank statements revealed undisclosed income and significant expenditures on crypto-currency and online dating, often after receiving funds from the respondent under false pretenses. This conduct demonstrated financial irresponsibility and dishonesty, fatally undermining the application. The applicant was not before the court with 'clean hands', and the cou…

Source excerpt

  • Maintenance Pendente Lite
  • Financial Disclosure
  • Clean Hands Doctrine
  • Costs Contribution
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Commercial And Corporate [2012] ZAECELLC 6

Jafte v Ilifu Trading 330 CC (EL 1259/11, ECD 2092/11)

Jafte v Ilifu Trading 330 CC (EL 1259/11, ECD 2092/11) [2012] ZAECELLC 6 (5 April 2012)

Court
Eastern Cape High Court, East London Local Court
Case number
EL 1259/11, ECD 2092/11
Judge
B C Hartle

The applicant failed to establish that it is just and equitable to wind up the respondent. The breakdown in relationships was largely caused by her insistence on being represented by her husband, contrary to the Act and the nature of close corporation membership. She did not pursue available remedies, such as calling meetings, seeking relief under section 49, or negotiating a reasonable buy-out. Her approach was self-serving and lacked clean hands. The respondent continues to operate successfully, and winding up would be unduly harsh on the other members and employees. The applicant's offer t…

Source excerpt

  • Close Corporation Winding Up
  • Just And Equitable Ground
  • Member Disputes
  • Fiduciary Duties
  • Alternative Remedies
  • Clean Hands Doctrine
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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.