Oosthuizen v Oosthuizen and Others (8307/2016)
Oosthuizen v Oosthuizen and Others (8307/2016) [2017] ZAWCHC 43 (14 March 2017)
The court found that the applicant failed to discharge the onus required under section 49 of the Close Corporations Act. The evidence showed that she was not excluded from management, was granted full access to financial documentation, and participated in decision-making. Her complaints regarding exclusion, lack of access, and unfair treatment were not supported by the facts or contemporaneous correspondence. The court held that a breakdown of trust alone does not entitle a member to relief under section 49; there must be conduct that is both prejudicial and unfair. The applicant did not prov…
Source excerpt
- Close Corporation Member Relief
- Unfairly Prejudicial Conduct
- Section 49 Close Corporations Act
- Access To Financial Information
- Valuation Of Member Interest