Companies Act 162 Archives

Irretrievable trust breakdown: Directors not delinquent

by GilesFiles | May 16, 2022 | 2020 onwards, Applications, Causes and defences, Conduct & capability, Contempt, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, HC Uniform, Hearing procedure, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Lawfulness & fairness, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Pension & retirement funds, Personal services, Private enterprises, Resolving disputes (LRL 3), Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Statutory, Termination (LRL 8), Topics, Trust & confidence | 0 |

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,...

Oppressive company conduct: Unfair shareholder prejudice

by GilesFiles | Feb 23, 2022 | 2020 onwards, Allowed, Appeals, Appeals - leave, Causes and defences, Costs, Courts, Declaratory, Delict, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 0 |

Valencia Holdings 13 (Pty) Ltd v Armitage NO Oppressive company conduct considered on appeal by full bench and decided that the “conduct complained of by the respondent in relation to the appellants are not the type of...

Lapsed appeal right: Appeal struck from roll

by GilesFiles | Feb 15, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, leave to appeal, Legal Practice, Legislation, Orders, Rules Codes & Manual, Special pleas, Struck off, Topics | 0 |

Myeni v Organisation Undoing Tax Abuse (Outa) Full bench of high court considered a lapsed right to appeal and decided that for a decision to become the subject of an application for leave to appeal the application must have...

Derivative proceedings rationale: Common law and statute

by GilesFiles | Oct 11, 2016 | 2016, A G Binns-Ward, Causes and defences, Courts, Derivative action, High Court, High Court judges, Judges, Legislation, Topics | 0 |

Lewis Group Ltd v Woollam (9900/2016) [2016] ZAWCHC 130 [2016] JOL 36741 (HC) (11 October 2016 per A Binns-Ward J. The high court granted an application ito s 165(3) of the 2008 Companies Act and set aside the demand made by a...

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

by GilesFiles | Mar 24, 2016 | 2016, Bill of Rights, Causes and defences, Conduct & capability, Courts, Dignity equality freedom, Hearing procedure, Interpretation etc, Judges, Legal Practice, Legislation, MJD Wallis, SCA judges, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Gihwala and Others v Grancy Property Ltd and Others (20760/14) [2016] ZASCA 35 : [2016] 2 All SA 649 [2016] JOL 35573 (SCA) (24 March 2016) per Wallis JA (Lewis, Leach and Seriti JJA and Tsoka AJA concurring) Excerpts without...

Tag: Companies Act 162

Irretrievable trust breakdown: Directors not delinquent

Oppressive company conduct: Unfair shareholder prejudice

Lapsed appeal right: Appeal struck from roll

Derivative proceedings rationale: Common law and statute

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