South Africa Case Law

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (A285/2020)

Savannah Country Estate Homeowners Association v Zero Plus Trading 194 (Pty) Ltd and Others (A285/2020) [2022] ZAGPPHC 1000 (14 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

A285/2020

Judges

N Janse Van Nieuwenhuizen, AC Basson, D Molefe

The High Court dismissed an appeal because the relief sought was impossible after the property had been converted into a sectional title scheme and transferred to third parties.

• Impossibility Of Performance
• Sectional Title Scheme
• Transfer Of Immovable Property
• Companies Act Section 228
• Memorandum Of Association
• Sale Agreement Nullity

Sonnenberg Mcloughlin Inc v Spiro (7277/2001)

Sonnenberg Mcloughlin Inc v Spiro (7277/2001) [2003] ZAWCHC 20; 2004 (1) SA 90 (C) (30 May 2003)

Court

Western Cape High Court, Cape Town

Case number

7277/2001

Judge

HJ Erasmus

The applicant failed to establish, on a balance of probabilities, the existence of any agreement binding the respondent to pay a proportionate share of company liabilities. The correspondence and affidavits reveal ongoing negotiations without consensus. The respondent consistently denied liability except as surety and insisted on indemnification and audited accounts before any payment. The alternative claim based on section 53(b) of the Companies Act is unsustainable, as the section does not provide the company with a right of recourse against directors for debts it has paid; it is intended t…

Source excerpt

• Director Liability
• Memorandum Of Association
• Section 53b Companies Act
• Joint And Several Liability
• Sequestration Procedure

Fundtrust (Pty) Ltd (in liquidation) v Van Deventer (365/95)

Fundtrust (Pty) Ltd (in liquidation) v Van Deventer (365/95) [1996] ZASCA 125; [1997] 1 All SA 644 (A) (8 November 1996)

Court

Supreme Court of Appeal

Case number

365/95

Judges

Hefer, Eksteen, Nienaber, Harms, Schutz

The court held that directors’ liability under section 53(b) of the Companies Act 61 of 1973 is limited to contractual debts and does not extend to statutory preferences.

• Directors Liability
• Companies Act 1973
• Memorandum Of Association
• Statutory Interpretation
• Directors-liability
• Companies-act-1973