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Chetty v Gihwala and Another (D3187/2022) [2024] ZAKZDHC 25 (18 March 2024)
The court granted a provisional winding-up of a close corporation after finding a deadlock between equal members in a property-investment venture.
Lockhart v Thomas (7038/2007) [2009] ZAWCHC 148 (1 June 2009)
The court dismissed a claim to enforce an oral settlement over a close corporation dissolution, finding the alleged suspensive condition was never fulfilled.
Klass v Contract Interiors CC (in liquidation) and Others (08/31973) [2009] ZAGPHC 35 (23 February 2009)
The court found that all creditors and the liquidator have been paid, and the corporation is solvent. The second settlement agreement between the parties is clear and unequivocal in obliging both parties to support the application for discharge from liquidation. The respondent's argument for a tacit term limiting this obligation to circumstances where the corporation retains going concern value is unsupported by the express language of the agreement, fails the officious bystander test, and is not necessary for business efficacy. Public policy and commercial morality require that parties honou…
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