South Africa Case Law

Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022)

Van Der Westhuizen v Van Der Westhuizen and Others (24614/2022) [2024] ZAGPPHC 15 (8 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

24614/2022

Judge

Nyathi

The court found that the relationship between the applicant and first respondent, both brothers and members of the close corporations, had irretrievably broken down, resulting in a deadlock that rendered the corporations incapable of functioning as intended. The respondents failed to provide any substantive legal defence to counter the application. The court considered the broad discretion afforded under the just and equitable ground for winding up, as well as the clean hands principle, and determined that the circumstances justified final liquidation of both Trackstar Trading 20 CC and HM &…

Source excerpt

• Winding Up Of Solvent Companies
• Deadlock Between Members
• Just And Equitable Basis
• Close Corporations Act
• Clean Hands Principle

Thunder Cats Investments 92 (Pty) Ltd and Another v Nkonjane Economic Prospecting And Investment (Pty) Ltd and Others (847/2012)

Thunder Cats Investments 92 (Pty) Ltd and Another v Nkonjane Economic Prospecting And Investment (Pty) Ltd and Others (847/2012) [2013] ZASCA 164; [2014] 1 All SA 474 (SCA); 2014 (5) SA 1 (SCA) (26 November 2013)

Court

Supreme Court of Appeal

Case number

847/2012

Judges

Navsa, Malan, Shongwe, Wallis, Meyer

The SCA upheld winding-up of a solvent company on the just-and-equitable ground after finding an irretrievable breakdown in the shareholders’ relationship.

• Winding Up Of Solvent Companies
• Just And Equitable Ground
• Shareholder Deadlock
• Clean Hands Principle
• Shareholders Agreement
• Remedies For Breakdown In Relationship