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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 142

Dreyer v Afristat Investment Holdings (030942/22)

Dreyer v Afristat Investment Holdings (030942/22) [2024] ZAGPPHC 142 (20 February 2024)

The High Court dismissed a minority shareholder’s bid to wind up a company under section 81 of the Companies Act, finding no proof of fraud or asset wastage.

  • Winding Up Of Solvent Company
  • Just And Equitable Basis
  • Misapplication Of Assets
  • Minority Shareholder Rights
  • Winding-up-of-solvent-company
  • Companies-act-section-81
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Commercial And Corporate [2024] ZAGPPHC 15

Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022)

Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15 (8 January 2024)

The court found that the relationship between the applicant and first respondent, both brothers and members of the close corporations, had irretrievably broken down, resulting in a deadlock that rendered the corporations incapable of functioning as intended. The respondents failed to provide any substantive legal defence to counter the application. The court considered the broad discretion afforded under the just and equitable ground for winding up, as well as the clean hands principle, and determined that the circumstances justified final liquidation of both Trackstar Trading 20 CC and HM &…

  • Winding Up Of Solvent Companies
  • Deadlock Between Members
  • Just And Equitable Basis
  • Close Corporations Act
  • Clean Hands Principle
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Commercial And Corporate [2018] ZAGPPHC 639

Tait NO and Another v Wescom Business Ventures (Pty) Ltd and Others, Tait NO and Others v Van Niekerk and Other (29833/2016, 2495/2016)

Tait NO and Another v Wescom Business Ventures (Pty) Ltd and Others, Tait NO and Others v Van Niekerk and Other (29833/2016, 2495/2016) [2018] ZAGPPHC 639 (2 March 2018)

The court dismissed an application to wind up a solvent company over shareholder deadlock, enforced a settlement agreement, and made detailed costs orders.

  • Winding Up Of Solvent Company
  • Deadlock Between Shareholders
  • Just And Equitable Basis
  • Fiduciary Duties
  • Urgent Application Costs
  • Settlement Agreement Enforcement
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Commercial And Corporate [2008] ZAWCHC 96

Unipalm Investment Holdings Ltd v BTH Konstruksie BK (14425/2007)

Unipalm Investment Holdings Ltd v BTH Konstruksie BK (14425/2007) [2008] ZAWCHC 96 (6 November 2008)

The High Court confirmed liquidation of a close corporation after finding the applicant was a creditor, the denials were unsupported, and winding up was just and equitable.

  • Winding Up Of Close Corporation
  • Just And Equitable Basis
  • Creditor Locus Standi
  • Repayment Of Loans
  • Winding-up-of-close-corporation
  • Just-and-equitable-winding-up
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.