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South Africa decisions
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Spanogiannis and Another v Emgeo and Another (2024/135403) [2024] ZAGPJHC 1274 (16 December 2024)
Urgent winding-up application granted after the court found Emgeo unable to pay its debts and held that shareholder deadlock made winding up just and equitable.
Monama N.O v Monama and Sons Electrical Contractors CC and Another (58613/2021) [2024] ZAGPPHC 211 (19 March 2024)
High Court granted a provisional winding-up order after finding deadlock, exclusion, and obstruction of a court-ordered valuation of a deceased member’s interest.
Leitao v Easy Electric CC and Others (4164/2018) [2020] ZAMPMHC 22 (10 June 2020)
The applicant sought an order ending his close corporation membership and payment for his 30% interest. The court found no deadlock or just and equitable basis and dismissed the application.
Msizi and Another v Watt Energy (RF) (Pty) Limited and Another; In re: Cennergi (Pty) Limited and Another v Watt Energy (RF) (Pty) Limited (1036/2015) [2015] ZAECGHC 94 (22 September 2015)
The court found that the relationship between Msizi and Scheepers, as shareholders and directors of Watt Energy, had irreparably broken down, resulting in dysfunctional management and inability to fulfil key obligations, such as providing audited financial statements. This breakdown was not solely attributable to Msizi, and both parties contributed to the untenable situation. The court held that, analogous to partnership law, the destruction of mutual trust and confidence justified winding up on just and equitable grounds under section 81(1)(d)(iii) of the Companies Act 71 of 2008. Additional…
Source excerpt
Comitis NO and Others v Fairbridge Mall (Pty) Ltd (A332/2012) [2013] ZAWCHC 99 (5 February 2013)
The High Court held that the appellants failed to prove a quasi-partnership or deadlock basis for winding up, and dismissed the appeal and fresh-evidence application.
Mokoena NO and Others v Bopa-Lesedi Development (Pty) Ltd (6202/2010) [2011] ZAFSHC 73 (5 May 2011)
Provisional liquidation was sought on just and equitable grounds, but the court referred a factual dispute to oral evidence on whether the third applicant wrongfully triggered a BEE audit.
Norval NO v Square One Power Solutions (Pty) Ltd (24831/05) [2006] ZAGPHC 41 (2 May 2006)
The High Court dismissed a shareholder’s bid to wind up a company as just and equitable or for inability to pay debts, finding insufficient proof and available alternatives.
Kirsten v QCR Computer and Printer Services CC and Others (01/13046) [2001] ZAGPHC 16 (19 July 2001)
The court granted a provisional winding-up order against a close corporation after finding a prima facie just-and-equitable case and no workable section 36 alternative.
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