South Africa Case Law

Du Preez v Van Rooyen (26156/2020; 14886/16)

Du Preez v Van Rooyen (26156/2020; 14886/16) [2021] ZAGPPHC 181 (1 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

26156/2020; 14886/16

Judge

Collis

The court found, after considering the written heads of argument and hearing counsel, that there is a reasonable prospect that another court would come to a different conclusion regarding the order made on 18 January 2021. The threshold for granting leave to appeal, as set out in section 17 of the Superior Courts Act and interpreted in relevant case law, was met. Accordingly, leave to appeal was granted to the Full Court of the Division, with costs to be costs in the appeal.

Source excerpt

• Close Corporation Membership Termination
• Leave To Appeal
• Prospects Of Success
• Costs In Appeal

Du Preez v Van Rooyen (26156/20)

Du Preez v Van Rooyen (26156/20) [2021] ZAGPPHC 22 (18 January 2021)

Court

North Gauteng High Court, Pretoria

Case number

26156/20

Judge

C.J. Collis

The High Court terminated a close corporation member’s 15% interest on just and equitable grounds and upheld a damages counterclaim arising from a repudiated sale agreement.

• Close Corporation Membership Termination
• Just And Equitable Ground
• Contract Repudiation
• Damages For Breach
• Association Agreement
• Specific Performance