Babtista N.O and Others v Quickstep 684 (Pty) Ltd and Others (38204/2022)
Babtista N.O and Others v Quickstep 684 (Pty) Ltd and Others (38204/2022) [2024] ZAGPPHC 410 (2 May 2024)
The court found that the shareholders' meeting of 24 May 2022 was not properly convened in terms of the Companies Act and the Memorandum of Incorporation. The notice for the meeting was delivered one day short of the required period, and there was no waiver or ratification by all shareholders as required by section 62(2A) of the Act. The respondents' reliance on Millar v Natmed Defence (Pty) Ltd was rejected, with the court preferring the principle in Van Zyl v Nuco Chrome Bophuthatswana (Pty) Ltd and Others that improper notice renders the meeting and its resolutions invalid. Furthermore, th…
Source excerpt
- Shareholders Meeting
- Notice Requirements
- Memorandum Of Incorporation
- Joinder Of Parties
- Invalid Resolutions