South Africa Case Law

Budge and Others v Glyn-Cuthbert and Others (1046/2016)

Budge and Others v Glyn-Cuthbert and Others (1046/2016) [2018] ZASCA 18 (16 March 2018)

Court

Supreme Court of Appeal

Case number

1046/2016

Judges

Shongwe, Willis, Saldulker, Mbha, Van der Merwe

The Supreme Court of Appeal found that the first respondent did not repudiate the dissolution of partnership agreement. The conduct of both parties, including ongoing attempts to implement the agreement and acquiescence to certain payments, indicated that the agreement remained operative. The failure to incorporate Rusco was immaterial, and the so-called repudiation letter did not amount to a repudiation. The enrichment claim for repayment of the management fee to REM failed because the payment was acquiesced to and not at the expense of Wavelengths. The claim for repayment of remuneration to…

Source excerpt

• Dissolution Of Partnership
• Repudiation
• Unjust Enrichment
• Liquidation Orders
• Management Fee Dispute
• Costs Orders

Budge and Others v Glyn-Cuthbert and Others (27011/12)

Budge and Others v Glyn-Cuthbert and Others (27011/12) [2016] ZAGPJHC 394 (8 June 2016)

Court

South Gauteng High Court, Johannesburg

Case number

27011/12

Judge

Mphahlele

The court held that the dissolution agreement was not repudiated or cancelled, but ordered an accounting, repayment of certain management fees, and release of trust-held funds.

• Partnership Dissolution
• Repudiation Of Contract
• Management Fee Dispute
• Fiduciary Duty
• Condictio Sine Causa
• Rectification Of Share Register

Budge NO and Others v Midnight Storm Investments 256 (Pty) Ltd and Another, Budge NO v Wavelengths 1147 and Another (2011/27316, 2011/14531)

Budge NO and Others v Midnight Storm Investments 256 (Pty) Ltd and Another, Budge NO v Wavelengths 1147 and Another (2011/27316, 2011/14531) [2011] ZAGPJHC 167; 2012 (2) SA 28 (GSJ) (15 November 2011)

Court

South Gauteng High Court, Johannesburg

Case number

2011/27316; 2011/14531

Judge

P.A. Meyer

The High Court held that the just and equitable ground for winding up under the 2008 Companies Act remains broad and granted final winding-up orders.

• Just And Equitable Winding Up
• Companies Act 71 Of 2008
• Deadlock
• Dissolution Of Partnership
• Management Fee Dispute
• Just-and-equitable-winding-up