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South Africa decisions
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Gordon v Dickson and Others (2023/022277) [2025] ZAGPJHC 505 (26 May 2025)
The High Court dismissed a Rule 33(4) separation application but granted discovery, holding the valuation issues were not suitably separable from the main claim.
Leleu N.O and Another v Numacon (Pty) Limited and Others (19065/2024) [2025] ZAWCHC 192 (5 May 2025)
The High Court set aside a valuation insofar as it applied unauthorized discounts in a compulsory share buyout, holding the valuer exceeded his mandate.
Kruger N.O and Others v Gouws and Others (14080/2018) [2023] ZAGPPHC 1133 (1 September 2023)
The High Court adopted experts’ agreed valuation of JDJ shares, ordered payment of the balance due, and dismissed the Swarts group’s counter-application.
Edmunds and Another v Supreme Mouldings Investments (Pty) Ltd and Another (2021/36175) [2023] ZAGPJHC 635 (5 June 2023)
Minority shareholders sought repurchase relief under section 163 after irregular financial assistance transactions. The High Court dismissed the application, finding no unfair prejudice shown.
Simelane v Roseveare and Others (27833/2021) [2022] ZAGPJHC 919 (15 November 2022)
The High Court refused leave to appeal against dismissal of a postponement application and ordered attorney-client costs, including two counsel.
BNS Nominees (RF) (Proprietary) Limited and Another v Zeder Investments Limited and Another [2021] ZAWCHC 263; 2025 (4) SA 134 (WCC) (3 December 2021)
The court held that section 164 fair value is not automatically market price and appointed an independent appraiser to assist in valuing dissenting shares.
Pheiffer and Others v About IT Pretoria (Pty) Ltd and Others (65188/2014) [2021] ZAGPPHC 641 (4 October 2021)
Discovery application under rule 35(7) postponed sine die after the court found the respondent had not properly answered a request for journals and related documents.
Du Plessis v Bonnox Proprietary Limited and Another (A695/2016, 48111/2014) [2019] ZAGPPHC 515 (18 April 2019)
The court found that the relationship between the parties had irretrievably broken down, but no deadlock existed at board level and the company was solvent with its substratum intact. The evidence did not support the partnership analogy or oppression sufficient to justify winding-up. The appellant failed to establish grounds under section 163 for relief based on oppression or unfair prejudice. However, the court determined that a clean break between the parties was necessary and that the appellant should be directed to purchase the second respondent's shares at a fair and reasonable value, wi…
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Bresler v Xigo (Pty) Ltd and Others; Bresler v Quickberry (Pty) Ltd and Others; Scott v Quickberry (Pty) Ltd and Others; Scott v Xigo (Pty) Ltd and Others (817/17; 818/17; 4602/17; 4603/17) [2018] ZAWCHC 134 (12 October 2018)
The court found that the respondents engaged in a sustained pattern of oppressive and unfairly prejudicial conduct towards Bresler and Scott, including exclusion from management, marginalisation, and deliberate financial pressure, with the intention of forcing them out of the companies and acquiring their shares at a discount. The respondents' refusal to engage in good faith negotiations and their use of disciplinary proceedings and management decisions to undermine the applicants' positions constituted conduct falling squarely within the scope of section 163 of the Companies Act. The court h…
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Commissioner for the South African Revenue Service v Executors of Estate Late Sidney Ellerine (142/2017) [2018] ZASCA 39; 2019 (1) SA 111 (SCA); 80 SATC 389 (28 March 2018)
The SCA held that preference shares had to be valued as convertible to ordinary shares for capital gains tax purposes, without needing shareholder approval.
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