Bye v Constantia Metering Services (Pty) Ltd and Others (31250/2022)
Bye v Constantia Metering Services (Pty) Ltd and Others (31250/2022) [2025] ZAGPPHC 114 (6 February 2025)
The court found that the applicant failed to establish any objective acts or omissions by the respondents that resulted in oppression, unfair prejudice, or unfair disregard of his interests under section 163 of the Companies Act. The applicant's subjective expectations regarding succession and participation in company affairs were unsupported by the memorandum of incorporation and the evidence. The existence of two sets of financial statements was adequately explained by the respondents as a response to differing requirements from banks and SARS, and no evidence of dishonesty, unlawful conduc…
Source excerpt
- Oppression Of Minority Shareholder
- Section 163 Companies Act
- Shareholder Remedies
- Financial Statement Irregularities