Centaur Mining South Africa (Pty) Ltd v Cloete Murray N O and Others (1334/2022) [2024] ZASCA 34 (28 March 2024)
Court
Supreme Court of Appeal
Case number
1334/2022
Judges
Ponnan, Schippers, Meyer, Matojane, Coppin
The Supreme Court of Appeal dismissed an attempt to rescind a section 20(9) corporate-veil order and composite winding-up, finding no basis under rule 42(1)(a) or the common law.
Engelbrecht N.O and Another v K and L Builders (Pty) Limited (82618/2019;82619/2019;7400/2020;35192/2020;) [2023] ZAGPPHC 1841 (3 November 2023)
Court
North Gauteng High Court, Pretoria
Case number
82618/2019;82619/2019;7400/2020;35192/2020
Judge
Millar
The court found that the Master's rulings allowing K & L Builders' claims were unlawful, as no valid agreement for the refund of salaries existed, no claim was submitted or proven, and any right of action had prescribed. The evidence established that Mr. Feinberg, an unrehabilitated insolvent, used K & L Builders and other entities as fronts to evade statutory prohibitions and continue business operations, constituting unconscionable abuse of corporate personality. The concealment principle applied, justifying the lifting of the corporate veil and the collapse of K & L Builders into the estat…
Cratos Capital (Pty) Ltd v Zimri Investments CC and Another (20968/2021) [2022] ZAWCHC 87 (24 May 2022)
Court
Western Cape High Court, Cape Town
Case number
20968/2021
Judge
Binns-Ward
The court found that the applicant failed to comply with the specificity requirement for Anton Piller relief. The description of documents subject to seizure was excessively broad, not limited to relevant trading activities, and delegated determination of relevance to members of the search party, which is impermissible. The applicant did not demonstrate that the order was strictly necessary, as much of the evidence sought was already available or could be obtained through conventional means such as subpoenas. The court held that the procedural safeguards inherent in Anton Piller orders were n…
Beecham Group PLC v Colgate-Palmolive Company (A828/08, A829/08, A830/08) [2011] ZAGPPHC 160; 2011 BIP 159 (GSJ) (11 May 2011)
Court
North Gauteng High Court, Pretoria
Case number
A828/08, A829/08, A830/08
Judges
B.R. Du Plessis, S. Potterill, J. Goodey
The High Court dismissed appeals against a registrar’s decision to allow a late trade mark opposition, finding no basis to interfere with the discretion exercised.
Oelofse v Quick Co 95 (Pty) Ltd t/a Munchies Inc and Others (J3755/98) [1998] ZALC 139 (23 June 1998)
Court
Labour Court
Case number
J3755/98
Judge
B M Jammy
The Labour Court dismissed an application to join or substitute new respondents to be bound by an earlier costs and compensation order against the employer.
