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South Africa decisions
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De Klerk v Ferreira and Others (35391/14) [2017] ZAGPPHC 30; 2017 (3) SA 502 (GP) (2 February 2017)
The court found Ferreira’s conduct toward the close corporation oppressive and ordered his interests transferred to De Klerk, with set-off for a related debt.
Kaymar Logistics CC and Another v Pretorius (1303/2015) [2015] ZAECPEHC 61 (29 October 2015)
The High Court held the respondent’s conduct justified urgent anti-dissipatory relief and ordered her to pay costs after the matter settled.
Feni v Gxothiwe and Another (2369/2013) [2013] ZAECGHC 109; 2014 (1) SA 594 (ECG) (7 November 2013)
The court found that the first respondent's conduct was grossly oppressive, unjust, and inequitable to the applicant, including exclusion from management, unauthorised withdrawals, donation of assets, and placing the applicant's property at risk. The applicant established a case for relief under section 49 of the Close Corporations Act. Although the applicant did not provide evidence of the fair value of the first respondent's member's interest, this was due to the respondent's oppressive conduct, which denied her access to necessary information. The court held that it would be unjust to deny…
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