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South Africa decisions
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Harilal v Rajman and Others (1633/2016) [2017] ZAKZDHC 3; [2017] 2 All SA 188 (KZD) (11 January 2017)
Shareholder-oppression application dismissed for lack of proof, disputed facts, and failure to establish repudiation or just-and-equitable relief.
Roselli v Derek's Boerewors and Pie Mecca CC and Others (84979/2014) [2016] ZAGPPHC 1160 (7 December 2016)
The application for the final winding up of the first respondent close corporation is dismissed because there are material, bona fide, and foreseeable disputes of fact regarding the applicant's membership and creditor status that cannot be resolved on the papers. The applicant was aware of these disputes prior to launching the application, and the dispute is primarily with the second respondent personally, not the close corporation. The inclusion of settlement proposals does not warrant a punitive costs order, nor does the joinder of the second and third respondents, as they have a direct int…
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Transnet SOC Ltd v Stone Sensation and Another (68360/2013) [2016] ZAGPPHC 749 (10 August 2016)
High Court eviction and rental claim dismissed after the court found serious disputes of fact, lease-related remission issues, and a challenge to authority.
Coetzer v Ceragon (South Africa) (Pty) Ltd (JR 234/12) [2012] ZALCJHB 106 (11 October 2012)
The Labour Court referred a leave-pay contractual claim to trial because the papers revealed material disputes of fact and ordered the applicant to pay costs.
Rossi and Others v Commissioner of the South African Revenue Service (A5022/2011, 34417/201009) [2012] ZAGPJHC 14 (21 February 2012)
The court found that there was a genuine dispute of fact regarding whether the document relied upon by the respondent as the assessment was properly served on the applicants and whether it constituted a valid assessment under the Income Tax Act. The principles governing disputes of fact in motion proceedings require that such disputes be resolved on the papers unless they are not genuine or are untenable, which was not the case here. No application was made to refer the dispute for oral evidence or trial. The court below was not at fault for deciding the matter on the papers. The appeal was d…
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Commissioner for Inland Revenue v Langa National Brickworks (Pty) Ltd. (454/89) [1991] ZASCA 86 (22 August 1991)
The appeal was upheld because material disputes of fact made motion proceedings inappropriate for deciding whether LNB’s sales were exempt from sales tax.
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