South Africa Case Law

Tondolo t/a Tondolo Partnership v MJ Mboya Project Managers CC and Another (99968/15)

Tondolo t/a Tondolo Partnership v MJ Mboya Project Managers CC and Another (99968/15) [2019] ZAGPPHC 278 (2 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

99968/15

Judge

Mabuse

Architect’s claim for unpaid fees failed after the court found no proven tacit term for payment within 30 days and no proof the Department had paid the project manager.

• Architectural Profession Act
• Professional Services Contract
• Close Corporations Act Liability
• Payment Of Invoices
• Tacit Terms
• Reckless Trading

Standard Bank of South Africa v Costa; Standard Bank of South Africa v Costa (75020/2014; 74955/2014)

Standard Bank of South Africa v Costa; Standard Bank of South Africa v Costa (75020/2014; 74955/2014) [2016] ZAGPPHC 1033 (14 December 2016)

Court

North Gauteng High Court, Pretoria

Case number

75020/2014; 74955/2014

Judge

A De Kok

The High Court discharged provisional sequestration orders against the Costas, finding Standard Bank had not shown locus standi on a genuinely disputed debt.

• Provisional Sequestration
• Locus Standi
• Close Corporations Act Liability
• Default Judgment
• Rescission Of Judgment
• Provisional-sequestration

Sky's the Limit Investments CC v van der Merwe (533/2012)

Sky's the Limit Investments CC v van der Merwe (533/2012) [2012] ZAKZDHC 94 (6 December 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

533/2012

Judge

Lopes

The court held that the applicant had disclosed sufficient information to institute action under sections 64 and 65 of the Close Corporations Act without requiring the documents sought under the Promotion of Access to Information Act. The court found that section 7 of the Act did not preclude access based on the existence of interpleader proceedings, as those were between different parties. However, the applicant failed to demonstrate a substantial need for pre-action discovery, as required by the majority judgment in Unitas Hospital v van Wyk. The respondent credibly denied possession of the…

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• Promotion Of Access To Information Act
• Pre Action Discovery
• Close Corporations Act Liability
• Discovery Procedure

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12)

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12) [2012] ZAECPEHC 41 (26 June 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1067/12, 1234/12

Judge

B C Hartle

The court refused summary judgment where the plaintiffs failed to plead the specific deregistration date needed to fix member liability under section 26(5).

• Close Corporations Act Liability
• Deregistration Of Corporation
• Summary Judgment
• Prescription
• Civil Penalty
• Summary-judgment

Edward street Property Investments CC v Lambrechts and Others (3657/07)

Edward street Property Investments CC v Lambrechts and Others (3657/07) [2010] ZAWCHC 218 (1 December 2010)

Court

Western Cape High Court, Cape Town

Case number

3657/07

Judge

R.C.A. Henney

The court granted summary judgment against members of a deregistered close corporation for an unpaid debt, rejecting a late supplementary affidavit and finding no bona fide defence.

• Close Corporations Act Liability
• Summary Judgment
• Condonation Of Affidavit
• Joint And Several Liability
• Summary-judgment
• Close-corporations-act

BCE Foodservice Equipment (Pty) Ltd v Constantaras (6736/05)

BCE Foodservice Equipment (Pty) Ltd v Constantaras (6736/05) [2009] ZAGPJHC 57 (15 October 2009)

Court

South Gauteng High Court, Johannesburg

Case number

6736/05

Judge

Van Oosten

The court held that the defendant's proposed amendment to his plea, which sought to introduce lack of knowledge as a defence to personal liability under section 23(2) of the Close Corporations Act, was not sustainable. The defendant himself signed and issued the cheques, and his lack of knowledge regarding compliance with statutory requirements did not absolve him of liability. The court distinguished the Stafford case, finding it inapplicable to the present facts. Regarding the plaintiff's exception to the defendant's amended plea, the court found that the exception was based on a misunderst…

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• Close Corporations Act Liability
• Bills Of Exchange Act
• Estoppel
• Exception Procedure

Abraham v CTS Transport CC and Another (C 629/2000)

Abraham v CTS Transport CC and Another (C 629/2000) [2004] ZALC 25 (2 March 2004)

Court

Labour Court

Case number

C 629/2000

Judge

Ngcamu

The Labour Court dismissed an application to join a close corporation member after judgment and to execute against his assets, finding no basis for personal liability.

• Close Corporations Act Liability
• Joinder Of Parties
• Execution Of Judgments
• Rule 20 Applicability
• Joinder-of-parties
• Execution-of-judgments