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South Africa decisions
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Mason N O v Mason and Another (1286/2023) [2025] ZASCA 44 (14 April 2025)
The Supreme Court of Appeal held that the executrix failed to prove constructive knowledge of misappropriation. The debt was not prescribed and the appeal failed.
Botha N.O and Others v Master of the High Court and Others (480/2025) [2025] ZAFSHC 118 (4 April 2025)
The High Court suspended the Master’s removal of three liquidators pending review, finding a proper case for interim relief and reserving costs for later.
Badenhorst and Another v Badenhorst (19578/2024) [2024] ZAWCHC 315 (15 October 2024)
The court granted an interim interdict preventing unilateral withdrawals from a close corporation account and dismissed the respondent's counter-application.
Africor Auctioneers (Pty) Ltd v Blue Dot Properties 1875 CC and Another (6436/2022) [2024] ZAGPPHC 996 (8 October 2024)
The High Court dismissed an application for leave to appeal against refusal of a final winding-up order, finding no reasonable prospects of success.
Kreetiv Communications CC v Harrington NO and Others (0021549/2021) [2023] ZAGPJHC 795 (17 July 2023)
The High Court ordered an impecunious close corporation to provide R500,000 security for costs after finding its claim appeared vexatious and unlikely to succeed.
Mellet N O and Others v Vermeulen and Another (1049/2021) [2022] ZASCA 176 (7 December 2022)
The Supreme Court of Appeal held that the appellants failed to prove a trust inter vivos met the statutory requirements to hold a close corporation interest.
Brady v D & R Rarming CC and Another (A5008/2022; 8323/2020) [2022] ZAGPJHC 678 (12 September 2022)
The High Court upheld an appeal over the sale of a close corporation member’s interest, holding that deductions for corporate withdrawals could not reduce the agreed purchase price.
Kransberg Petroleum (Pty) Ltd v Boskor Beleggings (Pty) Ltd (32665/12) [2022] ZAGPPHC 554 (29 July 2022)
The court found that both parties were close corporations at the time of contracting, and that Ms du Plessis had sole authority to bind the plaintiff, while Mr du Plessis had authority to bind the defendant. The contract terms regarding price were never expressly agreed or recorded, but the evidence showed that the parties operated on trust and cooperation, with the plaintiff consistently invoicing at the list price for zone 12C as published by the Minister of Energy. The court applied the principles of tacit terms, finding that the business relationship and conduct of the parties indicated c…
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Mary Tondolo t/a Tondolo Partnership v M.J. Mboya Project Managers CC and Another (A270/20) [2022] ZAGPPHC 342 (12 May 2022)
The full court upheld an appeal in an architectural fees dispute, finding the respondent had been paid and that the sole member was personally liable for abusing the close corporation.
Bryan v Marcelle Props 118 CC and Others (24926/2018) [2021] ZAGPJHC 369 (13 May 2021)
The court held that the second respondent’s conduct was unfairly prejudicial and ordered him to exit the close corporation, allowing the applicant to buy his 75% interest.
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