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South Africa decisions
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Sayers v Snaid and Morris Incorporated (130616/2023) [2025] ZAGPJHC 665 (8 July 2025)
The High Court granted a final winding-up order, finding the respondent unlawfully misrepresented liability for fees and pursued inflated execution against a creditor.
Vitality Corporate Services Limited and Another v Moroke (2021/26383) [2025] ZAGPJHC 342 (26 March 2025)
The High Court ordered repayment of a R500,000 sign-on bonus after the employee resigned shortly after starting employment and her defences failed.
African Woman Co-Ordinated Investments (Pty) Ltd and Others v Gauteng African Women Alliance (Pty) Ltd (2018/41434) [2025] ZAGPJHC 28 (17 January 2025)
The court found that the applicants failed to establish that the respondent's action was vexatious, reckless, or an abuse of process. The core dispute regarding the respondent's shareholding and the validity of the AWCI resolution is highly contested and must be determined at trial. The applicants did not justify the amount sought for security, nor did they explain the delay in bringing the application when the matter was nearly trial ready. The respondent's precarious financial position alone does not warrant an order for security for costs, as the right to litigate under section 34 of the C…
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Smartpurse Solutions (Pty) Ltd v Firstrand Bank Ltd (35882/2022) [2024] ZAGPJHC 961; [2025] 1 All SA 552 (GJ) (26 September 2024)
The court dismissed Smartpurse Solutions’ application for leave to appeal against a final winding-up order, finding no reasonable prospect of success.
PT Paint and Palel (Pty) Ltd and Another v Verios and Others (2024/084378) [2024] ZAGPJHC 807 (16 August 2024)
The High Court heard an urgent corporate dispute about director appointments, share-transfer-related control, and bank signatory authority, and granted interim relief.
Mawerco (Pty) Ltd v Sithole and Others (322/2023) [2024] ZASCA 91 (10 June 2024)
The SCA held that declaratory relief could not replace a review of the Association’s resolution removing shareholder-appointed directors.
Preference Capital (Pty) Ltd v Nomageba Trading CC and Others (2024/031809) [2024] ZAGPPHC 419 (8 May 2024)
The High Court set aside a company’s business rescue resolution and ordered provisional winding-up, finding no reasonable prospect of rescue and procedural non-compliance.
Venator Africa (Pty) Ltd v Watts and Another (053/2023) [2024] ZASCA 60; 2024 (4) SA 539 (SCA) (24 April 2024)
The Supreme Court of Appeal held that section 218(2) of the Companies Act does not create a general right of action against directors for losses suffered by creditors due to reckless trading by the company. Section 22(1) imposes duties on the company, not its directors, and liability for directors is specifically regulated by section 77(3)(b), which provides for liability to the company itself. The appellant failed to identify any provision of the Act breached by the directors that would trigger liability under section 218(2). The Court rejected the reasoning in Rabinowitz and related cases,…
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Member of the Executive Council: Northern Cape Department of Agriculture, Environmental Affairs, Rural Development and Land Reform v Bester N.O and Others (1793/2022) [2024] ZANCHC 92 (15 April 2024)
The Department failed to establish on a balance of probabilities that Bester was incompetent or failed to perform his duties as business rescue practitioner under section 139(2)(a) and (b) of the Companies Act. The complaints regarding additional tea supply agreements, prejudicial commercial terms, unaffordable loans, and failure to report were either unsubstantiated, based on hearsay, or adequately explained by Bester. The amended business rescue plan was validly adopted by unanimous creditor vote, as permitted by the plan itself. The failure to report to court and misunderstanding of contra…
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Van Zyl and Others v NTC Global Trade Fund (Pty) Ltd and Others (129789/23) [2024] ZAGPPHC 68 (30 January 2024)
The court dismissed an urgent application to provisionally liquidate NTC Global Trade Fund, finding no proven insolvency and noting POCA preservation restraints.
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