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Eslick and Another v ASI Financial Services (Pty) Ltd and Others (2024/112123) [2024] ZAGPJHC 1065 (22 October 2024)
The High Court granted urgent spoliation relief, restoring access to email and servers and restraining interference with business premises, finding the suspension unlawful.
Nel v Nieuwoudtvill Rooibos (Pty) Ltd (2717/2010) [2010] ZAWCHC 376; (2010) 31 ILJ 1781 (WCC) (8 April 2010)
The applicant was dispossessed of his office, keys, laptop, and cellphone following a board resolution suspending him as managing director. Although the suspension was not expressly authorised by the Companies Act or the company's articles, the applicant's entitlement to a spoliation order depends on whether his possession of company property was with the intention of securing a benefit for himself beyond that of a mere employee. Unlike the facts in Greaves v Barnard, the applicant did not have a shareholders' agreement entitling him to share in company benefits, and the transfer of shares to…
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