South Africa Case Law

Engel N.O. and Others v Tax Faculty NPC and Others (037648/23)

Engel N.O. and Others v Tax Faculty NPC and Others (037648/23) [2024] ZAGPPHC 940 (20 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

037648/23

Judge

Kooverjie

The court found that the application for security for costs was not fatally delayed, as both parties contributed to the procedural timeline and neither objected to the delay. The Trust conceded its inability to pay adverse costs, but this alone was insufficient to justify security; the court had to be satisfied that the main application was vexatious, reckless, or abusive. Upon considering the nature of the claim, the Trust's financial position, and the statutory requirements for public benefit organisations, the court concluded that the Trust's prospects of success in the main application we…

Source excerpt

• Security For Costs
• Rule 47 Application
• Memorandum Of Incorporation
• Public Benefit Organisation
• Company Control
• Shareholder Rights

AFM Theological College and Others v National Leaders Forum of the the Apostolic Faith Mission of South Africa, represented by the National Office Bearers and Others (A255/2012)

AFM Theological College and Others v National Leaders Forum of the the Apostolic Faith Mission of South Africa, represented by the National Office Bearers and Others (A255/2012) [2013] ZAGPPHC 331 (19 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

A255/2012

Judges

BAM, C E HEATON NICHOLS, E J FRANCIS

High Court appeal over control of a section 21 company used for a church theological college. The court upheld the church body’s authority and dismissed the appeal.

• Company Control
• Resignation Of Directors
• Section 21 Company
• Church Institutional Relationship
• Appointment Of Directors
• Company-control

Siino West Shipping Co Ltd v NYK- Hinode Line Ltd (A56/2012)

Siino West Shipping Co Ltd v NYK- Hinode Line Ltd (A56/2012) [2013] ZAKZDHC 7 (8 March 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

A56/2012

Judge

Madondo

The court dismissed an application to set aside the arrest of MV Sino West, finding it was an associated ship of MV Asian Forest under South African admiralty law.

• Associated Ship Arrest
• Admiralty Jurisdiction Regulation Act
• Company Control
• Nominee Shareholding
• Burden Of Proof
• Piercing Corporate Veil

China National Chartering Co Ltd v MT GC Guangzhou and Others (A71/2011, A 70/11, A72/11, A75/11, A77/11, A80/11)

China National Chartering Co Ltd v MT GC Guangzhou and Others (A71/2011, A 70/11, A72/11, A75/11, A77/11, A80/11) [2011] ZAKZDHC 57 (2 September 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

A71/2011

Judge

Ploos van Amstel

The court held the applicant had not proved the vessels were associated ships, so the vessel arrests were set aside and the vessel was released.

• Associated Ship Arrest
• Admiralty Jurisdiction Regulation Act
• Security For Claim
• Company Control
• Shareholders Agreement
• Admiralty-law

Travico (Pty) Ltd v Kinnear and Others (8288/07)

Travico (Pty) Ltd v Kinnear and Others (8288/07) [2007] ZAGPHC 26 (13 April 2007)

Court

High Courts - Gauteng

Case number

8288/07

Judge

Ebersohn

High Court urgent spoliation matter arising from a share sale dispute. The court ordered restoration of the applicant’s possession and control of the business.

• Spoliation
• Mandament Van Spolie
• Share Sale Dispute
• Urgent Interdict
• Company Control
• Mandament-van-spolie

Cape Pacific Ltd v Lubner Controlling Investments (Pty) Ltd and Others (9/93)

Cape Pacific Ltd v Lubner Controlling Investments (Pty) Ltd and Others (9/93) [1995] ZASCA 53; 1995 (4) SA 790 (AD); [1995] 2 All SA 543 (A) (19 May 1995)

Court

Supreme Court of Appeal

Case number

9/93

Judges

Van Heerden, Smalberger, Vivier, F H Grosskopf, Van den Heever

The court pierced the corporate veil to enforce delivery of shares and a loan account, finding the companies were used to defeat the appellant's rights.

• Piercing Corporate Veil
• Specific Performance
• Fraudulent Conduct
• Company Control
• Abuse Of Corporate Personality
• Piercing-corporate-veil

Commissioner for Inland Revenue v Malcomess Properties (Isando) (Pty) Ltd. (41/89)

Commissioner for Inland Revenue v Malcomess Properties (Isando) (Pty) Ltd. (41/89) [1990] ZASCA 163; 1991 (2) SA 27 (AD); [1991] 4 All SA 145 (AD) (30 November 1990)

Court

Supreme Court of Appeal

Case number

41/89

Judges

Botha, Nestadt, Kumleben, Nicholas, Preiss

The court held that the profit realised from the sale of the Isando property by Malcomess (Isando) (Pty) Ltd was a capital realisation and not subject to income tax. The property was acquired and held as a capital asset, and its character was not altered by the subsequent sale, nor by the involvement of Malbak as the controlling shareholder. The sale was not part of a profit-making scheme but a mere realisation of a capital asset in the course of voluntary liquidation. The intention of Malbak in devising and executing the scheme was irrelevant to the intention of Malcomess (Isando), as the co…

Source excerpt

• Capital Vs Revenue Distinction
• Realisation Of Assets
• Company Control
• Scheme Of Arrangement