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South Africa decisions
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VBS Financial Services (Pty) Ltd v Madhandzi (36120/21) [2023] ZAGPJHC 1000 (7 September 2023)
The High Court dismissed an exception to a particulars of claim alleging unauthorised payments by a company director and breach of fiduciary duty.
CMT Transport (Pty) Ltd and Another v Findaload (Pty) Ltd and Others (584/2019) [2020] ZAFSHC 82 (22 April 2020)
The court found that the applicants failed to demonstrate reasonable prospects of success for leave to appeal. The evidence showed that the second applicant, while still a director and CEO of the first respondent, colluded to divert business and used information obtained in his capacity to benefit the first applicant, in breach of his fiduciary duty. The court held that the fiduciary duty survives resignation and applies to the conduct alleged. The orders granted were not overbroad, as they only restricted the applicants from doing business with existing clients of the first respondent at the…
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Findaload (Pty) Ltd and Others v CMT Transport (Pty) Ltd and Another (584/2019) [2019] ZAFSHC 205 (31 October 2019)
The High Court held that a director’s fiduciary duty can survive resignation where the breach is linked to pre-resignation conduct, and granted interdicts and accounting relief.
Morobi and Others v Umyezo Leisure Investments (Pty) Ltd and Others (2501/2015) [2016] ZAFSHC 43; [2016] 2 All SA 845 (FB) (28 January 2016)
The High Court dismissed an application for an interim interdict, finding the applicants failed to prove a prima facie right, imminent harm, balance of convenience, or lack of alternative remedy.
Mullane and Another v Smith and Others (2014/28264) [2015] ZAGPJHC 66; [2015] 3 All SA 230 (GJ); 2015 BIP 474 (GJ) (20 April 2015)
High Court case on unlawful competition, confidential information, and interdictory relief after former employees used customer and pricing data.
Citiconnect Communications (Pty) Limited v Kenneth (80528/2014) [2014] ZAGPPHC 933 (28 November 2014)
The High Court granted an urgent interdict against a company director who disclosed confidential shareholder meeting discussions to the opposing municipality.
Louw and Others v SA Mohair Brokers Ltd and Others (3682/09) [2010] ZAECPEHC 53 (19 August 2010)
The Court found that the issues raised in the application for leave to appeal were complex and unique, involving important questions of law regarding directors' fiduciary duties, the interpretation and application of section 252 of the Companies Act, and the law of meetings. Given the reasonable prospect that another court may reach a different conclusion on these matters, leave to appeal was granted to the first respondent. The Court accepted that the statutory remedy under section 252 was properly interpreted and applied, but acknowledged that the arguments presented were substantial enough…
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Symington and Others v Pretoria-Oos Privaat Hospital Bedryfs (Pty) Ltd (77/2004) [2005] ZASCA 47; [2005] 4 All SA 403 (SCA); 2005 (5) SA 550 (SCA) (27 May 2005)
The Supreme Court of Appeal held that the respondent's claim was for damages arising from an alleged breach of fiduciary duty by the appellants as former directors. The debt became due when the breach occurred, specifically when the sublease was concluded on 8 November 1996. The prescription period of three years thus commenced from that date and was completed before the summons was served in November 2000. The court rejected the respondent's argument that the prescription period was extended under section 13(1)(e) of the Prescription Act, finding that the directors' resignation was effective…
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