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Winterboer v CX Developers CC and Others (28/7/2015) [2015] ZAGPPHC 545 (28 July 2015)
The High Court ordered a close corporation wound up after finding deep member deadlock, mistrust, and unresolved allegations that prejudiced creditors.
Bahre and Others v Royale Energy Ltd (73663/2010) [2012] ZAGPPHC 304 (23 November 2012)
The court found that the settlement agreement was unenforceable because it did not comply with the non-variation clause of the shareholders agreement, was not signed by all required parties, and failed to meet statutory and contractual prerequisites for the acquisition of own shares by the company. The articles of association did not permit such acquisition, and no substantial majority approved the transaction as required. The applicants failed to establish the existence of a tacit term allowing variation in the context of a labour dispute, and their reliance on estoppel and public policy was…
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