South Africa Case Law

Simcha Properties 6 CC v San Marcus Properties (Pty) Ltd (256/09)

Simcha Properties 6 CC v San Marcus Properties (Pty) Ltd (256/09) [2010] ZASCA 54; [2011] 1 All SA 287 (SCA) (31 March 2010)

Court

Supreme Court of Appeal

Case number

256/09

Judges

Lewis, Mlambo, Hurt, Griesel, Seriti

The court held that the director of the respondent company was properly authorised to conclude the reinstatement agreement by virtue of resolutions passed by the sole shareholder in June and October 2007. These resolutions explicitly empowered the director to dispose of the company's sole asset and to sign all necessary documents to give effect to the transaction. The principle of unanimous assent applied, given that the company had only one shareholder, making formal meetings unnecessary. The reinstatement agreement was not a new transaction but a continuation of the original sale, and the e…

Source excerpt

• Companies Act Section 228
• Director Authorisation
• Unanimous Assent
• Ratification Of Contract
• Special Resolution Requirement

Hos+Med Medical Aid Scheme v Thebe ya Pelo Healthcare and Others (015/07)

Hos+Med Medical Aid Scheme v Thebe ya Pelo Healthcare and Others (015/07) [2007] ZASCA 163; [2007] SCA 163 (RSA); [2008] 2 All SA 132 (SCA); 2008 (2) SA 608 (SCA) (29 November 2007)

Court

Supreme Court of Appeal

Case number

015/07

Judges

Howie, Cloete, Lewis, Hurt, Mhlantla

The Supreme Court of Appeal held that an arbitration appeal tribunal exceeded its powers by deciding an unpleaded issue, and sent the dispute to a new tribunal.

• Arbitration Act 42 Of 1965
• Powers Of Arbitration Tribunal
• Pleading And Amendment
• Unanimous Assent
• Section 228 Companies Act
• Audi Alteram Partem

Thebe Ya Bophelo Healthcare v Van Der Walt NO and Others (17641/06)

Thebe Ya Bophelo Healthcare v Van Der Walt NO and Others (17641/06) [2006] ZAGPHC 100; [2007] 2 All SA 211 (T) (15 November 2006)

Court

High Courts - Gauteng

Case number

17641/06

Judge

Seriti

High Court review of an arbitration appeal award set aside the tribunal’s reliance on an unpleaded unanimous-assent defence and upheld the original award.

• Arbitration Review
• Pleading Requirements
• Unanimous Assent
• Section 228 Companies Act
• Arbitration Act Section 33
• Broker Commission Dispute