Morebudi and Others v Barker and Others (A233/2022)
Morebudi and Others v Barker and Others (A233/2022) [2025] ZAGPPHC 348 (17 March 2025)
The court held that parties cannot contract out of the statutory provisions of section 81(1)(d) of the Companies Act. Any clause in a shareholders' agreement or joint venture agreement that purports to oust the court's jurisdiction to order winding-up is invalid to the extent of its inconsistency with the Act. The arbitration clause does not preclude the court from adjudicating the winding-up application, especially where the dispute is legal rather than factual and the prescribed dispute resolution process is ineffective. The deadlock between directors and shareholders is complete and irreco…
Source excerpt
- Winding Up Of Company
- Deadlock Between Shareholders
- Contractual Ouster Of Jurisdiction
- Arbitration Clause
- Just And Equitable Ground
- Companies Act Section 81