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South Africa decisions
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Ndlovu v Matsipa and Others (Leave to Appeal) (24564/2022) [2024] ZAGPPHC 759 (1 August 2024)
The High Court dismissed an application for leave to appeal, finding no reasonable prospect of success on shareholding, prescription, PAIA, or delinquency issues.
New Salt Rock City (Pty) Ltd and Others v Kilken Platinum (Pty) Ltd and Others (2022/042145) [2024] ZAGPPHC 500 (28 May 2024)
High Court strike-out application in a shareholder dispute, addressing scandalous matter, new matter in reply, and evidence allegedly obtained by theft.
Vantage Mezzanine Fund II Partnership and Another v Hopeson and Others (2022-045978) [2024] ZAGPJHC 235 (8 March 2024)
The court held that its previous order amending the particulars of claim was not final, definitive, or dispositive of the parties' rights, and thus not appealable under the Zweni test. The issue of whether the plaintiffs, as creditors, have standing to seek disqualification of directors under section 162 of the Companies Act is a factual enquiry to be determined at trial, not a point of substantive law finally decided at this stage. The court rejected the argument that leave of the court is required before issuing summons under section 157(1)(d), following previous decisions and noting that t…
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Valencia Holdings 13 (Pty) Limited and Others v Armitage N.O. (A5043/2020) [2022] ZAGPJHC 92 (23 February 2022)
The High Court held that interest-free shareholder loans, agreed to and participated in by the deceased, were not oppressive under section 163 and dismissed the claims.
JJP Propco (Pty) Ltd and Another v Jacaranda Haven (Pty) Ltd and Others; JJP Propco (Pty) Ltd and Another v Botha and Others (37063/2018; 45201/2018) [2020] ZAGPPHC 619 (30 October 2020)
The court granted final liquidation of Jacaranda Haven (Pty) Ltd, finding factual insolvency and, alternatively, that winding-up was just and equitable.
Westerhuis v Whittaker and Others (4145/2017) [2018] ZAWCHC 76 (26 April 2018)
The court dismissed a minority shareholder application alleging unauthorised director remuneration, personal expenses, and oppressive conduct in a family company.
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