South Africa Case Law

Venator Africa (Pty) Limited v Bekker and Another (8800/2021P)

Venator Africa (Pty) Limited v Bekker and Another (8800/2021P) [2022] ZAKZPHC 50; [2022] 4 All SA 600 (KZP) (16 September 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8800/2021P

Judge

Bezuidenhout AJ

The court held that section 22(1) of the Companies Act does not impose personal liability on directors to third parties for reckless or fraudulent trading by the company. Liability for directors is specifically regulated by section 77 of the Companies Act, which provides a remedy only to the company itself, not to creditors or other third parties. The court found that the plaintiff's reliance on section 218(2) read with section 22(1) was misplaced, as the legislature did not intend to create personal liability for directors to creditors in the absence of express statutory provision. The line…

Source excerpt

• Companies Act Section 22
• Director Liability
• Exceptions Procedure
• Reckless Trading
• Personal Liability Of Directors

Logan N.O and Others v BHP Billiton Energy Coal and Others (48137/12)

Logan N.O and Others v BHP Billiton Energy Coal and Others (48137/12) [2015] ZAGPJHC 160 (30 July 2015)

Court

South Gauteng High Court, Johannesburg

Case number

48137/12

Judge

P F Rossouw

The High Court upheld exceptions to claims seeking late proof of claims and expungement from a liquidation account, finding no cause of action was disclosed.

• Winding Up Of Companies
• Proof Of Claims
• Liquidation And Distribution Account
• Exceptions Procedure
• Jurisdiction Of Court
• Company-liquidation