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South Africa Case Law

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Commercial And Corporate [2014] ZAGPPHC 148

CES Africa (Pty) Ltd v Burger and Another (49803/13)

CES Africa (Pty) Ltd v Burger and Another (49803/13) [2014] ZAGPPHC 148 (2 April 2014)

The High Court dismissed a company’s motion to recover allegedly diverted funds, finding material factual disputes and accepting the respondents’ version.

  • Director Fiduciary Duties
  • Misappropriation Of Funds
  • Company Management
  • Motion Proceedings
  • Factual Dispute
  • Director-fiduciary-duties
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Commercial And Corporate [2010] ZASCA 18

Bayly and Others v Knowles (174/09)

Bayly and Others v Knowles (174/09) [2010] ZASCA 18; 2010 (4) SA 548 (SCA) ; [2010] 3 All SA 374 (SCA) (18 March 2010)

The SCA held that a fair offer for a minority shareholder’s shares can defeat an oppression claim under section 252 of the Companies Act, and dismissed the application.

  • Shareholder Oppression
  • Section 252 Companies Act
  • Minority Protection
  • Fair Offer
  • Company Management
  • Just And Equitable Liquidation
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Commercial And Corporate [2000] ZASCA 178

LSA UK Ltd (formerly Curtainz Ltd) and Others v Impala Platinum Holdings Ltd and Others (222/98)

LSA UK Ltd (formerly Curtainz Ltd) and Others v Impala Platinum Holdings Ltd and Others (222/98) [2000] ZASCA 178 (28 March 2000)

The Supreme Court of Appeal held that WPL’s board lacked authority to initiate litigation under the amended articles and shareholders’ agreement.

  • Company Management
  • Shareholders Agreement
  • Articles Of Association
  • Board Powers
  • Deadlock Resolution
  • Delegation Of Management
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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.