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South Africa Case Law

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Commercial And Corporate [2010] ZAKZDHC 62

Ferreira v Executors of Estate Late Halse NO and Others (1461/2009, 1200/2010)

Ferreira v Executors of Estate Late Halse NO and Others (1461/2009, 1200/2010) [2010] ZAKZDHC 62 (25 June 2010)

Minority shareholder sought winding up and alternative relief under section 252, but the court found his own conduct caused the deadlock and dismissed the application.

  • Just And Equitable Winding Up
  • Minority Shareholder Rights
  • Section 252 Companies Act
  • Deadlock
  • Company Substratum
  • Shareholder Oppression
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Civil Procedure [2008] ZANCHC 75

AMSA SA (Edms) Bpk v Frabert BK (1425/08)

AMSA SA (Edms) Bpk v Frabert BK (1425/08) [2008] ZANCHC 75 (12 December 2008)

The court granted a provisional liquidation order after finding a liquidated claim, failed debt payment, and that the respondent’s substratum had fallen away.

  • Provisional Liquidation
  • Company Substratum
  • Commercial Insolvency
  • Duress In Contract
  • Franchise Agreement
  • Provisional-liquidation
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Commercial And Corporate [2008] ZAWCHC 186

Cuninghame and Another v First Ready Development 249 (9988/2006)

Cuninghame and Another v First Ready Development 249 (9988/2006) [2008] ZAWCHC 186 (25 April 2008)

The High Court granted leave to appeal against dismissal of a winding-up application, finding reasonable prospects of success and ordering the appeal to the Supreme Court of Appeal.

  • Winding Up
  • Just And Equitable Ground
  • Company Substratum
  • Unlawful Conduct
  • Mismanagement
  • Leave To Appeal
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Commercial And Corporate [2008] ZAWCHC 163

Cununghame and Another v First Ready Development 249 (9988/2006)

Cununghame and Another v First Ready Development 249 (9988/2006) [2008] ZAWCHC 163; [2008] 4 All SA 88 (C) (12 March 2008)

The High Court dismissed a just-and-equitable winding-up application, holding that the applicants had standing but failed to prove grounds for liquidation.

  • Just And Equitable Winding Up
  • Section 344 H Companies Act
  • Standing Of Member And Creditor
  • Mismanagement
  • Company Substratum
  • Section 21 Association Not For Gain
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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.