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South Africa decisions
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Casablanca Body Corporate v Astrodon (Pty) Ltd and Others (2022/041580) [2025] ZAGPJHC 160 (24 February 2025)
The High Court held that Casablanca’s management agreement with Astrodon ended by effluxion of time, rejected arbitration and res judicata points, and ordered return of records and bank control.
Raftelis N.O and Others v Afropulse 477 (Pty) Limited and Others (D10021/2018) [2023] ZAKZDHC 70 (17 February 2023)
The court found that the plaintiffs failed to plead any substantive basis for personal liability of the second and third defendants as directors. The Companies Act 71 of 2008 establishes that directors are not personally liable for company debts except in narrowly defined circumstances, none of which were properly alleged or substantiated in the plaintiffs' Particulars of Claim. Mere allegations of misrepresentation or the risk of an 'empty' judgment do not justify joinder of directors in their personal capacities. The court aligned itself with the interpretation that Section 218(2) of the Ac…
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HCI Invest 15 Holdco Proprietary Limited and Another v Ithuba Holdings Proprietary Limited (RF) and Others (19/31803) [2019] ZAGPJHC 534 (4 November 2019)
High Court dismissed an urgent application to freeze lottery management fees and shift salary payments, finding no present entitlement or irreparable harm.
Viera v Steenkamp and Another (22732/17) [2017] ZAGPPHC 910 (31 March 2017)
Urgent High Court application dismissed because the applicant failed to plead a proper mandament van spolie case or identify the right allegedly infringed.
Tsotetsi and Others v Mabena and Another (29799/2015) [2015] ZAGPJHC 316 (15 December 2015)
The court reconsidered an ex parte interim interdict over a disputed management agreement, found faults in the ex parte process, and narrowed the order while awarding costs.
Caxton and CTP Publishers and Printers v Media 24 Proprietary Limited and Others (136/CAC/March 2015) [2015] ZACAC 5; [2015] 2 CPLR 354 (CAC) (25 November 2015)
The Court held that Novus’s new management agreement gave the board final authority, ending Retief’s joint control and requiring merger notification.
K Carrim Commercial Properties (Pty) Limited v Urban Hip Hop Hotels (Pty) Limited (17146/13) [2015] ZAGPPHC 528 (12 June 2015)
The High Court held that the signed MOU was the sole memorial of the parties’ agreement and that the unsigned standard management agreement did not apply.
Besserglik v Benions and Another (AR210/14) [2015] ZAKZPHC 26 (11 May 2015)
Appeal over camp-management payments and account rendering; court upheld the payment claim and accounting order in part, but rejected claims linked to camp C.
Pape v El Gondor Trading 220 (Pty) Ltd and Another (11090/12) [2014] ZAGPPHC 859 (7 October 2014)
The High Court held that a written management agreement was orally varied, rejected reliance on a non-variation clause, and ordered repayment of the capital and interest.
Petrosite (Pty) Ltd v Segage and Another (13765/13) [2014] ZAGPPHC 480 (31 March 2014)
The High Court upheld exceptions to vague and embarrassing pleadings in a debt dispute, striking out parts of the defendants’ plea and counterclaims.
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