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Commercial And Corporate [2006] ZAKZHC 17

TWK Agriculture Ltd v NCT Forestry Co-operative Ltd and Others (8328/2004, 9765/2004)

TWK Agriculture Ltd v NCT Forestry Co-operative Ltd and Others (8328/2004, 9765/2004) [2006] ZAKZHC 17; 2006 (6) SA 20 (N) (4 April 2006)

The court held that the common law derivative action forms part of South African law and is available to members of co-operatives in appropriate circumstances. The plaintiff demonstrated that, due to the structure of CTC and the control exercised by the defendants, it would be futile to seek a resolution authorising CTC to institute action. The facts pleaded show that the defendants appropriated opportunities belonging to CTC, and the plaintiff, as a minority member, is entitled to pursue a derivative action to redress the wrong. The court rejected the argument that leave of court is required…

  • Derivative Action
  • Fiduciary Duties
  • Fraud On Minority
  • Corporate Governance
  • Co Operatives
  • Minority Protection
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.