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South Africa Case Law

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Commercial And Corporate [2010] ZAGPJHC 9

Hickman v Oban Infrastructure (Pty) Ltd and Others (2008/18332)

Hickman v Oban Infrastructure (Pty) Ltd and Others (2008/18332) [2010] ZAGPJHC 9 (3 March 2010)

Court
South Gauteng High Court, Johannesburg
Case number
2008/18332
Judge
B S Spilg

The court found that the applicant was unfairly excluded from management of both the holding and operating companies, contrary to the implicit understanding among the shareholders that each would participate in management. The exclusion was effected through pre-determined decisions and notices, amounting to unfairly prejudicial conduct under section 252(3) of the Companies Act. The court rejected the respondents' reliance on majority rule and found that the applicant's legitimate expectations, evidenced by the draft shareholders agreement and the structure of the companies, entitled him to re…

Source excerpt

  • Minority Shareholder Oppression
  • Just And Equitable Winding Up
  • Shareholder Buy Out
  • Fair Valuation
  • Section 252 Companies Act
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Commercial And Corporate [2009] ZAWCHC 96

McMillan NO v Pott and Others (11125/08)

McMillan NO v Pott and Others (11125/08) [2009] ZAWCHC 96; 2011 (1) SA 511 (WCC) (18 June 2009)

Court
Western Cape High Court, Cape Town
Case number
11125/08
Judge
A G Binns-Ward

The court found that the exclusion of McMillan from management and employment in Tygerberg Minolta (Pty) Ltd was directly relevant to the Trust's position as shareholder, given the underlying joint venture understanding. The majority shareholders failed, within a reasonable time, to offer the Trust an opportunity to withdraw its capital after McMillan's exclusion, which constituted unfairly prejudicial conduct under section 252(1) of the Companies Act. The court held that even if McMillan was at fault for his exclusion, the equity-based nature of the remedy did not preclude relief. The articl…

Source excerpt

  • Unfair Prejudice Remedy
  • Section 252 Companies Act
  • Shareholder Buy Out
  • Quasi Partnership
  • Legitimate Expectation
  • Minority Shareholder Protection
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.