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South Africa Case Law

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Commercial And Corporate [2022] ZAGPJHC 19

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016)

IG Chem (Pty) Ltd and Another v Makoya Investments Zambia Limited (29879/2016) [2022] ZAGPJHC 19 (19 January 2022)

Court
South Gauteng High Court, Johannesburg
Case number
29879/2016
Judge
Dippenaar

The court found that the plaintiffs had established, through oral and documentary evidence, that the defendants engaged in unconscionable abuse of the juristic personalities of the first and second defendants. The first defendant never traded, had no financial records, and was used as a device to conceal assets and funds, all of which flowed through the second defendant. The evidence refuted the defendants' denial of Mr Venter's sole shareholding and demonstrated fraudulent attempts to backdate share certificates. The court held that the requirements for lifting the corporate veil under secti…

Source excerpt

  • Lifting Of Corporate Veil
  • Unconscionable Abuse Of Juristic Personality
  • Declaratory Relief
  • Prescription
  • Shareholding Dispute
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Commercial And Corporate [2013] ZAWCHC 9

application of Gore NO and Others (18127/2012), Ex parte

application of Gore NO and Others (18127/2012), Ex parte [2013] ZAWCHC 9; 2013 (3) SA 382 (WCC) (13 February 2013)

Court
Western Cape High Court, Cape Town
Case number
18127/2012
Judge
Binns-Ward

The court found that the King Group companies were operated as a single entity, with the controllers disregarding the separate legal personalities of the subsidiaries and using investors' funds in a manner inconsistent with representations. This constituted an unconscionable abuse of juristic personality under section 20(9) of the Companies Act. The statutory provision provides a broad and flexible basis for disregarding corporate personality when justified by the facts, and does not require the absence of alternative remedies. The court declared that the relevant subsidiaries should be deeme…

Source excerpt

  • Piercing Corporate Veil
  • Companies Act Section 20 9
  • Group Enterprise Liquidation
  • Unconscionable Abuse Of Juristic Personality
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Commercial And Corporate [2013] ZAWCHC 21

Ex Parte: Gore NO and Others (18127/2012)

Ex Parte: Gore NO and Others (18127/2012) [2013] ZAWCHC 21; [2013] 2 All SA 437 (WCC) (13 February 2013)

Court
Western Cape High Court, Cape Town
Case number
18127/2012
Judge
Binns-Ward

The court found that the King Group was operated as a single entity by its controllers, with no meaningful distinction between the holding company and its subsidiaries. The disregard for separate corporate personalities and the misallocation of investors' funds constituted an unconscionable abuse of juristic personality. Section 20(9) of the Companies Act provides a statutory basis for the court to disregard the separate legal existence of the companies and treat their assets as those of the holding company for the purpose of settling investors' claims. The statutory remedy is available whene…

Source excerpt

  • Piercing Corporate Veil
  • Companies Act Section 20 9
  • Group Enterprise Liability
  • Liquidation Distribution
  • Unconscionable Abuse Of Juristic Personality
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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.