Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (802/2020, 813/2020)
Mirchandani v Unica Iron & Steel (Pty) Ltd and Unica Iron & Steel (Pty) Ltd v Mirchandani (802/2020, 813/2020) [2022] ZASCA 58 (22 April 2022)
The Supreme Court of Appeal found that Unica Iron & Steel (Pty) Ltd failed to prove that the profit share agreement contained any express, tacit, or implied term requiring compliance with NEMA. The evidence showed that non-compliance with environmental legislation was a deliberate decision made by all directors, not solely by Mr Mirchandani. The claim for damages based on breach of fiduciary duty and reliance on s 218 of the Companies Act was not properly pleaded, prejudicing Mr Mirchandani and violating procedural fairness. The lease agreements were found to be valid and binding, with the ac…
Source excerpt
- Breach Of Fiduciary Duty
- Profit Share Agreement
- Lease Agreement
- Damages
- National Environmental Management Act
- Companies Act Liability