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South Africa decisions
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Barenbrug v Matjee and Others; Suter v Barenbrug and Others (2021/17568; 23794/2021) [2021] ZAGPJHC 606 (22 October 2021)
The court set aside the appointment of a director and the removal of another director of Metsi Projects, but refused to cancel the shareholders’ agreement.
Willis v Mahadevy and Others (94037/19) [2021] ZAGPPHC 601 (17 September 2021)
The High Court granted leave to appeal against summary judgment, finding reasonable prospects of success on issues of personal liability, fee agreements, and related factual disputes.
SAP Societas Europaea (SAP) v Systems Applications Consultants (Pty) Ltd t/a Securinfo and Another (20378/2008) [2019] ZAGPJHC 241 (1 August 2019)
The High Court refused to separate a special plea on SAC’s locus standi, holding the issue was inseparable from the merits of whether SAC was a party to the SDA.
Gumede and Others v Maqubela (14201/16) [2016] ZAGPJHC 401 (24 June 2016)
The court refused summary judgment in a lease dispute, finding a triable issue over whether the defendant contracted personally or for a company.
S v S 'n ander; In re: S v S (347/2015) [2016] ZAFSHC 1 (20 January 2016)
The court granted joinder of a company to a counterclaim in a divorce-related dispute over an alleged partnership and the Gottenburg property.
Absa Bank Ltd v Kernsig 17 (Pty) Ltd (386/2010) [2011] ZASCA 97; 2011 (4) SA 492 (SCA); [2011] 4 All SA 113 (SCA) (31 May 2011)
The SCA held that a section 38 Companies Act challenge to a loan was not properly pleaded or factually supported, so the appeal succeeded.
Knoop NO and Others v Birkenstock Properties (Pty) Ltd and Others (7095/2008) [2009] ZAFSHC 67 (4 June 2009)
The Free State High Court dismissed trustees’ bid for an anti-dissipation order, holding that suspicious conduct did not make trust or company assets part of the insolvent estate.
Lindhorst and Others v Andersen and Others (329/03, EL130/03, ECJ90) [2006] ZAECHC 70 (7 December 2006)
High Court case on whether share sale was conditional on a shareholders’ agreement, with the plaintiffs seeking transfer of shares and defeating prescription.
Moshikaro v Malabela and Another (26989/04) [2005] ZAGPHC 335 (4 November 2005)
The High Court dismissed a provisional sequestration application after finding the respondent was not personally liable for Dynamos Football Club debts.
Hulse-Reutter and Others v Godde (34/2000) [2001] ZASCA 102; [2002] 2 All SA 211 (A); 2001 (4) SA 1336 (SCA) (25 September 2001)
The Supreme Court of Appeal held that the respondent failed to establish a prima facie case against the appellants. The respondent's allegations of fraud and improper conduct were unsupported by factual evidence and amounted to mere assertions. The facts did not justify piercing the corporate veil, as there was no misuse or abuse of the corporate structure resulting in unfair advantage to the appellants. The respondent contracted with Goldleaf, a foreign corporation, and had a direct remedy against it. There was no evidence that Goldleaf would be unable to pay if sued, nor that the respondent…
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