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South Africa Case Law

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Commercial And Corporate [2023] ZAWCHC 1

Smit v Sofa Planet CC and Others (4424 / 2022)

Smit v Sofa Planet CC and Others (4424 / 2022) [2023] ZAWCHC 1 (17 January 2023)

The High Court dismissed a provisional liquidation application, finding the sole member-creditor’s bid was driven by ulterior motives and lacked a genuine concursus advantage.

  • Winding Up Of Close Corporation
  • Ulterior Motive
  • Fiduciary Duties Of Member
  • Concursus Creditorum
  • Loan Repayment
  • Abuse Of Process
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