Category: Companies Act 71 of 2008

Business rescue plan: Unfair dismissal procedure?

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Process abuse punished: Business rescue and costs

Van Staden NO v Pro-Wiz (Pty) Ltd Process abuse punished because the SCA was satisfied that a punitive costs order was appropriate because the purpose behind the business rescue application was not to achieve either...

Read More

Statutory interpretation: Beneficial owners and nominees

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Inference: Distinguish from conjecture or speculation

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Read More

Lodge members’ proxies at any time before meeting

The SCA disallowed the appeal of a member of a Homeowners Association who disputed the validity of various resolutions taken at a meeting of members.  The dispute concerned the validity of proxies.  Section 58(1) of the...

Read More

Abusing inquiry process: Related to company law

Roering NO v Mahlangu (581/2015) [2016] ZASCA 79 (30 May 2016) per Wallis JA (Willis, Saldulker and Zondi JJA and Tsoka AJA concurring) The Supreme Court of Appeal (SCA) allowed the appeal of the liquidators of 3P Consulting...

Read More

Extinctive prescription: Claim by minority shareholders

Off-Beat Holiday Club v Sanbonani Holiday Spa Share Block Ltd (20231/2014) [2016] ZASCA 62 (25 April 2016) per Maya ADP [Cachalia, Tshiqi and Zondi JJA concurring] with Leach JA dissenting. SCA summary: Prescription – extinctive...

Read More

Foss v Harbottle Rule: Defined and explained

This is an important rule concerning the Foss v Harbottle Rule and the separation of a company as a legal entity apart from its shareholders. Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24...

Read More

Delinquent directors considered: Companies Act s162(5)(c)

Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 (24 March 2016) per Wallis JA (Lewis, Leach and Seriti JJA and Tsoka AJA concurring) Excerpts without footnotes Delinquency declarations [127]    Mr...

Read More
Loading