South Africa Case Law

London and Others v Department of Transport Roads and Public Works of Northern Cape and Others (380/2012)

London and Others v Department of Transport Roads and Public Works of Northern Cape and Others (380/2012) [2018] ZANCHC 32 (22 June 2018)

Court

Northern Cape High Court, Kimberley

Case number

380/2012

Judge

L Vuma

The court found that the plaintiffs' particulars of claim did not establish a cause of action that could stand independently as a delictual claim. The claim was derivative in nature, and the plaintiffs failed to plead wrongfulness or unlawfulness necessary for a delictual claim. Although the Foss v Harbottle rule generally precludes shareholders from suing for losses suffered by the company, the court accepted that the rule is not absolute and may be relaxed where the risk of double recovery is non-existent, as in this case due to the liquidators' express indication not to pursue damages. How…

Source excerpt

• Exception To Particulars Of Claim
• Derivative Action
• Locus Standi
• Rule 33 4
• Wrongfulness
• Foss V Harbottle Rule

Khan and Another v Communicare and Others (498/2010)

Khan and Another v Communicare and Others (498/2010) [2011] ZAWCHC 392 (21 October 2011)

Court

Western Cape High Court, Cape Town

Case number

498/2010

Judge

A G Binns-Ward

The High Court held that retiring directors were entitled to vote at the AGM and that excluding them made the director elections invalid.

• Company Articles Interpretation
• Director Election Irregularity
• Shareholder Voting Rights
• Foss V Harbottle Rule
• Personal Membership Rights
• Company-law

McCrae v Absa Bank Limited (08/42229)

McCrae v Absa Bank Limited (08/42229) [2009] ZAGPJHC 7 (7 April 2009)

Court

South Gauteng High Court, Johannesburg

Case number

08/42229

Judge

Satchwell

High Court held that a shareholder’s personal claim was not barred at exception stage by the Foss v Harbottle rule where no double recovery risk was shown.

• Foss V Harbottle Rule
• Double Recovery
• Duty Of Care
• Shareholder Claims
• Liquidation
• Personal Delictual Claim