South Africa Case Law

Oosthuizen v Oosthuizen and Others (8307/2016)

Oosthuizen v Oosthuizen and Others (8307/2016) [2017] ZAWCHC 43 (14 March 2017)

Court

Western Cape High Court, Cape Town

Case number

8307/2016

Judge

Holderness, AJ

The court found that the applicant failed to discharge the onus required under section 49 of the Close Corporations Act. The evidence showed that she was not excluded from management, was granted full access to financial documentation, and participated in decision-making. Her complaints regarding exclusion, lack of access, and unfair treatment were not supported by the facts or contemporaneous correspondence. The court held that a breakdown of trust alone does not entitle a member to relief under section 49; there must be conduct that is both prejudicial and unfair. The applicant did not prov…

Source excerpt

• Close Corporation Member Relief
• Unfairly Prejudicial Conduct
• Section 49 Close Corporations Act
• Access To Financial Information
• Valuation Of Member Interest

Van Tonder and Another v Lawjon Eiendomme Orkney CC and Another (26221/13)

Van Tonder and Another v Lawjon Eiendomme Orkney CC and Another (26221/13) [2014] ZAGPPHC 705 (12 September 2014)

Court

North Gauteng High Court, Pretoria

Case number

26221/13

Judge

R M Keightley

The court granted a provisional winding-up of a close corporation after finding an unbreakable member deadlock and rejecting a buy-out remedy as impractical.

• Winding Up Of Close Corporation
• Deadlock Between Members
• Just And Equitable Ground
• Unfairly Prejudicial Conduct
• Section 81 Companies Act
• Section 49 Close Corporations Act