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Koupis v Udumo Trading 225 CC t/a Plastic Rebuilders (731/2013) [2013] ZAFSHC 60 (25 April 2013)
The court held that a close corporation’s reconsideration application was unauthorized because the resolutions were not shown to comply with the Close Corporations Act.
Stewart and Another v Point 2 Point Same Day Express CC and Another (23380/07) [2009] ZAGPJHC 11 (4 May 2009)
The court found that Calisse did not have authority to release Stewart from the restraint of trade, as the release was not issued on the official letterhead, lacked statutory compliance, and was not approved by the other member. The circumstances indicated that the release was a stratagem by Calisse and Stewart, and the absence of communication to the second respondent supported the inference of lack of authority. Stewart, given her experience and knowledge of the corporation's internal operations, either knew or ought reasonably to have known that Calisse lacked authority. The dispute of fac…
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