South Africa Case Law

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21)

Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners' Association NPC and Another (46115/21) [2023] ZAGPPHC 2034 (18 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

46115/21

Judge

Collis

The High Court held that a special resolution amending a homeowners’ association MOI to absolve a developer from levy liability was oppressive and unfairly prejudicial.

• Oppressive Conduct
• Memorandum Of Incorporation Amendment
• Section 163 Companies Act
• Levy Liability
• Majority Shareholder Abuse
• Home Owners Association Governance

Ferentillo Investments (Pty) Ltd and Others v Motomark (Pty) Ltd and Others (058430/22)

Ferentillo Investments (Pty) Ltd and Others v Motomark (Pty) Ltd and Others (058430/22) [2023] ZAGPPHC 1912 (17 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

058430/22

Judge

E van der Schyff

The High Court dismissed a minority shareholders’ oppression claim under section 163 of the Companies Act, finding no unfair prejudice or breach of shareholder rights.

• Minority Shareholder Protection
• Oppression Remedy
• Memorandum Of Incorporation Amendment
• Unfair Prejudice
• Shareholder Loans
• Minority-shareholder-protection

Van Neijeren N.O and Another v Vulintaba Country Estate Homeowners Association and Others (7422/2022P)

Van Neijeren N.O and Another v Vulintaba Country Estate Homeowners Association and Others (7422/2022P) [2023] ZAKZPHC 114 (17 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7422/2022P

Judge

Combrinck AJ

The court found that the amendments to the MOI and Conduct Rules, including the prohibition on short-term letting, were lawfully passed by special resolution at the annual general meeting on 21 August 2021, with the required notice and voting thresholds met. The Trust, as a member of the homeowners association, is contractually bound by these amendments. The right to short-term letting was not vested beyond the terms of the Conduct Rules, which are subject to lawful amendment. The CSOS adjudicator failed to consider all relevant facts and evidence, but the ultimate legal conclusion reached wa…

Source excerpt

• Community Schemes Ombud Service Act
• Memorandum Of Incorporation Amendment
• Short Term Letting Prohibition
• Special Resolution
• Contractual Rights In Community Schemes

CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018)

CDH Invest NV v Petrotank South Africa (Pty) Ltd and Others (483/2018) [2019] ZASCA 53; 2019 (4) SA 436 (SCA) (1 April 2019)

Court

Supreme Court of Appeal

Case number

483/2018

Judges

Ponnan, Saldulker, Davis, Carelse, Rogers

The Supreme Court of Appeal held that a round robin board resolution increasing Petrotank’s authorised shares was invalid because the directors acted without proper purpose.

• Directors Fiduciary Duties
• Memorandum Of Incorporation Amendment
• Share Authorisation
• Round Robin Resolution
• Proper Purpose
• Misrepresentation

Ex parte: Sakhile Initiative Limited (RF) (CT003Jan2018)

Ex parte: Sakhile Initiative Limited (RF) (CT003Jan2018) [2018] ZACT 1 (18 January 2018)

Court

Competition Tribunal

Case number

CT003Jan2018

Judge

PJ Veldhuizen

The Companies Tribunal granted Sakhile Initiative Limited (RF) extra time to hold its 2017 annual general meeting, finding good cause under section 61(7)(b).

• Annual General Meeting Extension
• Companies Act Section 61
• Memorandum Of Incorporation Amendment
• Annual-general-meeting-extension
• Companies-act-section-61
• Memorandum-of-incorporation-amendment

Ramada International Inc. v Ramada Investments (Pty) Ltd (CT030Mar2015)

Ramada International Inc. v Ramada Investments (Pty) Ltd (CT030Mar2015) [2015] ZACT 66 (22 July 2015)

Court

Competition Tribunal

Case number

CT030Mar2015

Judge

K. Tootla

The Companies Tribunal found Ramada Investments’ name confusingly similar to the RAMADA trademark and ordered it to change its name within 90 days.

• Company Name Dispute
• Confusingly Similar Trademark
• Trade Mark Protection
• Memorandum Of Incorporation Amendment
• Company-name-dispute
• Confusingly-similar-trademark

Sasol Ltd v Seasol Industry (Pty) Ltd (CT011Jan2015)

Sasol Ltd v Seasol Industry (Pty) Ltd (CT011Jan2015) [2015] ZACT 64 (14 July 2015)

Court

Competition Tribunal

Case number

CT011Jan2015

Judge

Lizelle Haskins

The Companies Tribunal found Seasol Industry’s name confusingly similar to Sasol’s mark and ordered a name change under the Companies Act.

• Company Name Dispute
• Confusing Similarity
• Trade Mark Infringement
• Memorandum Of Incorporation Amendment
• Company-name-dispute
• Confusing-similarity