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Regiments Fund Managers (Pty) Ltd and Others v Nel NO and Another (2022-007672) [2023] ZAGPJHC 1420 (1 December 2023)
The High Court held that a restraint order under POCA stripped the applicants’ boards of authority, leaving them without locus standi to bring the application.
Zelbree Investments (PTY) Limited and Others v Theunissen (A3034/2020) [2022] ZAGPJHC 877 (15 November 2022)
High Court appeal on director remuneration under section 66(9) of the Companies Act upheld the special plea: no special resolution meant no director’s fees.
Mhlwana and Another v Denel SOC Ltd (40858/19) [2021] ZAGPPHC 199 (19 March 2021)
The High Court held that Denel’s board resolutions on conversion payments to executive directors were unlawful without shareholder approval, dismissed the claim, and granted Denel’s counter-application.
Cullinan Holdings Limited v Lezmin 2768 CC (51762/2016) [2016] ZAGPPHC 758 (26 August 2016)
The applicant failed to provide sufficient evidence that the board of directors authorised the institution of the present proceedings. The only evidence presented was a certified extract of the board minutes signed by the deponent, without a copy of the resolution signed by the directors. The respondent's challenge to the authority was not met with adequate proof. The court distinguished the ANC Umvoti case, noting that the challenge here was not under Rule 7(1) but concerned substantive authority under section 66 of the Companies Act. As a result, the applicant did not discharge the onus to…
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