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South Africa Case Law

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Commercial And Corporate [2022] ZALMPPHC 60

Meyr and Others v Sable Hills Eco Park Home Owners Association (NPC) and Others (78/2020)

Meyr and Others v Sable Hills Eco Park Home Owners Association (NPC) and Others (78/2020) [2022] ZALMPPHC 60 (15 November 2022)

The High Court dismissed homeowners’ bid to compel amendments to a homeowners’ association MOI, finding section 66(4)(b) does not apply to non-profit companies.

  • Memorandum Of Incorporation
  • Oppressive Conduct
  • Statutory Interpretation
  • Non Profit Company Governance
  • Section 163 Relief
  • Memorandum-of-incorporation
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Commercial And Corporate [2020] ZAGPPHC 37

Elmos Services BV v Microsystems on Silicon (Pty) Ltd and Others (71201/2018)

Elmos Services BV v Microsystems on Silicon (Pty) Ltd and Others (71201/2018) [2020] ZAGPPHC 37 (21 January 2020)

The High Court discharged a provisional winding-up order, dismissing a shareholder counter-application and finding final winding-up premature pending related German litigation.

  • Winding Up Of Solvent Company
  • Shareholder Oppression
  • Section 165 Process
  • Section 163 Relief
  • Deadlock In Corporate Governance
  • Winding-up-of-solvent-company
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Commercial And Corporate [2018] ZAGPPHC 862

Ross and Others v Microsystems On Silicon (Pty) Limited and Others (32265/2018)

Ross and Others v Microsystems On Silicon (Pty) Limited and Others (32265/2018) [2018] ZAGPPHC 862 (17 December 2018)

The court protected minority shareholders from majority conduct aimed at obstructing a section 165 process and related German litigation involving MOS.

  • Oppressive Conduct
  • Shareholder Rights
  • Derivative Actions
  • Removal Of Directors
  • Section 165 Process
  • Section 163 Relief
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Commercial And Corporate [2015] ZAWCHC 221

Omar v Inhouse Venue Technical Management (Pty) Limited and Others (2015 (3) SA 146 (WCC);

Omar v Inhouse Venue Technical Management (Pty) Limited and Others (2015 (3) SA 146 (WCC); [2015] 2 All SA 39 (WCC)) [2015] ZAWCHC 221; [2015] ZAWCHC 10 (6 February 2015)

Minority shareholder oppression claim granted: the court ordered a buy-out of Omar’s shares and declared directors’ undisclosed related-party transactions invalid.

  • Minority Shareholder Oppression
  • Section 163 Relief
  • Fiduciary Duties
  • Director Conflict Of Interest
  • Share Valuation
  • Arbitration Clauses
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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.