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Commercial And Corporate [2024] ZASCA 19

Parry v Dunn-Blatch and Others (394/2022)

Parry v Dunn-Blatch and Others (394/2022) [2024] ZASCA 19 (28 February 2024)

The Supreme Court of Appeal held that while section 163 of the Companies Act provides a remedy for oppressive or prejudicial conduct, the applicant failed to establish on the facts that the conduct of the respondents fell within the scope of section 163. The licence agreement between TRADSA and ITRISA was silent on compensation, and the evidence did not unequivocally demonstrate a common intention to require royalties. The applicant voluntarily signed the agreement without a compensation clause and cannot now claim oppression or unfair prejudice based on its absence. The court found that fact…

  • Oppressive Conduct
  • Locus Standi
  • Copyright Assignment
  • Companies Act Section 163
  • Shareholder Remedies
  • Royalty Disputes
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.