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Van Der Watt v Schoeman and Others (3393/2022) [2023] ZAECQBHC 61; 2024 (1) SA 531 (ECGq) (12 October 2023)
The High Court held that section 163 applies to equal shareholders in deadlock, found oppressive and prejudicial conduct, and ordered a fair-value share buy-out.
Hickman v Oban Infrastructure (Pty) Ltd and Others (2008/18332) [2010] ZAGPJHC 9 (3 March 2010)
The court found that the applicant was unfairly excluded from management of both the holding and operating companies, contrary to the implicit understanding among the shareholders that each would participate in management. The exclusion was effected through pre-determined decisions and notices, amounting to unfairly prejudicial conduct under section 252(3) of the Companies Act. The court rejected the respondents' reliance on majority rule and found that the applicant's legitimate expectations, evidenced by the draft shareholders agreement and the structure of the companies, entitled him to re…
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