South Africa Case Law

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022)

Capability BPO Global (Pty) Ltd and Others v Fore Consulting and Management BV and Others (AR384/2023; D3962/2022) [2025] ZAKZPHC 67 (20 June 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR384/2023; D3962/2022

Judges

Balton, Harrison, Oliff

High Court appeal allowed after finding material disputes of fact in a corporate oppression and delinquency dispute, with the matter referred to trial.

• Delinquent Director
• Minority Oppression
• Shareholder Rights
• Consultancy Agreement
• Referral To Trial
• Delinquent-director

Panayiotou v Full Swing Trading 357 CC (30929/2008)

Panayiotou v Full Swing Trading 357 CC (30929/2008) [2009] ZAGPJHC 104 (6 March 2009)

Court

South Gauteng High Court, Johannesburg

Case number

30929/2008

Judge

Meyer

The applicant was not entitled to demand repayment of his initial capital contribution, as no resolution had been passed by the members authorizing such repayment, in accordance with the association agreement. The statutory demand related to a debt that was not due and payable, and the respondent discharged the onus of showing that the indebtedness was bona fide disputed on reasonable grounds. The respondent was able to meet its debts in the ordinary course of business, and the applicant failed to establish that it was just and equitable to wind up the corporation. The grounds of minority opp…

Source excerpt

• Close Corporation Act
• Winding Up
• Just And Equitable Ground
• Minority Oppression
• Loan Account Repayment