South Africa Case Law

Off-Beat Holiday Club and Another v Sanbonani Holiday Spa Share Block Limited and Others (20231/2014)

Off-Beat Holiday Club and Another v Sanbonani Holiday Spa Share Block Limited and Others (20231/2014) [2016] ZASCA 62; [2016] 2 All SA 704 (SCA); 2016 (6) SA 181 (SCA) (25 April 2016)

Court

Supreme Court of Appeal

Case number

20231/2014

Judges

M Maya, C Cachalia, L Leach, T Tshiqi, N Zondi

The Supreme Court of Appeal held that the minority shareholders’ section 252 and 266 claims were not prescribed on these facts and upheld the appeal.

• Minority Shareholder Remedies
• Extinctive Prescription
• Derivative Action
• Oppressive Conduct
• Rectification Of Company Records
• Vat Refund Claims

Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013)

Sphandile Trading Enterprise (Pty) Ltd and Another v Hwibidu Security Services CC and Others (15643//2013) [2014] ZAGPJHC 22; 2014 (3) SA 231 (GSJ) (25 February 2014)

Court

South Gauteng High Court, Johannesburg

Case number

15643/2013

Judge

André Gautschi

The court found that material disputes of fact exist regarding the alleged agreement for the second applicant to become a 50% member of the first respondent, the entitlement and quantum of the marketing fee, and whether the applicants acted with unclean hands. These disputes cannot be resolved on the papers alone and require oral evidence. The statutory requirements for service on SARS and the security bond are peremptory, but compliance must be assessed purposively; service on SARS on the morning of the hearing was not reasonable, but the referral to oral evidence allows for proper complianc…

Source excerpt

• Rectification Of Company Records
• Winding Up On Just And Equitable Basis
• Unclean Hands
• Marketing Fee Dispute
• Compliance With Statutory Service
• Conditional Membership Agreement