Matters of importance

Minutes of meetings: “In addition, as is clear from what I have already said, the respondents’ argument is based in various respects upon what was or was not said at a number of NSM board meetings, relying on the minutes kept of those meetings for that purpose. It is necessary to remember that minutes of board meetings do not purport to be a verbatim record of what was said; rather they tend to be a fairly terse synopsis of what was discussed, highlighting what the compiler, usually the company secretary, considered to have been of importance. Merely because something is not specifically recorded in a minute does not necessarily mean that it was not mentioned, even in passing, and this should be borne in mind when considering what effect the minutes have upon the probabilities”. [para 24]

National Scrap Metal v Murray & Roberts (809/2011) [2012] ZASCA 47; 2012 (5) SA 300 (SCA) (29 March 2012) per LE Leach JA