Companies Act 71 of 2008 Archives

Inability to pay debts: Lack of proof

by GilesFiles | May 24, 2023 | 2020 onwards, Associations/corporates, Causes and defences, Costs, Courts, Judges, Labour Relations, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Personal services, Resolving disputes (LRL 3), Review tests, Rules Codes & Manual, SCA judges, Sectors, Statutes (LRL 2)-work, Statutory, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

SA Medical Association TU v SA Medical Association NPC When can it said to be just and equitable to liquidate a body based on inability to pay debts and what are relevant factors? ‘[24] A court’s power to grant a...

Lifting corporate veil: Common law principles

by GilesFiles | Apr 21, 2023 | 2020 onwards, Appeals, Appeals - leave, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, Judges, Legal Practice, Legislation, Orders, Parties, Personal services, Private enterprises, Roman Dutch law, SCA judges, Sectors, Supreme Court of Appeal, Topics, Trustees | 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,...

Authorising financial statements: Director’s liability?

by GilesFiles | Jan 23, 2023 | 2020 onwards, Agriculture, Applications, Causes and defences, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Pleadings, Private enterprises, Rules Codes & Manual, Sectors, Statutory, Topics, Uniform HC, Words & phrases | 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,...

Minority shareholder oppression: Pricing policy terms

by GilesFiles | Oct 11, 2022 | 2020 onwards, Applications, Associations/corporates, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Finance, High Court, High Court judges, Judges, Legal Practice, Logistics, Orders, Parties, Private enterprises, Sectors, Statutory, Topics | 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...

Lawful employment termination: compliance with contract

by GilesFiles | Jan 31, 2022 | 2020 onwards, Applications, Banks, Bill of Rights, Causes and defences, Conduct & capability, Contractual breach, Costs, Courts, Delict, Dignity equality freedom, Evidence & onus, Finance, Hearing procedure, High Court, High Court judges, Insights, Judges, Lawfulness & fairness, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Prerogative, Sectors, Special pleas, Termination (LRL 8), Topics | 0 |

Moyo v Old Mutual Ltd Lawful employment termination confirmed by high court after considering and rejecting all the alleged breaches and decided that the abandonment of the main claim for re-instatement did not do away with the...

Business rescue practitioners: No conflict of interest

by GilesFiles | May 21, 2021 | 2020 onwards, Appeals, Appeals - leave, Courts, Disallowed, Judges, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MJD Wallis, Orders, Resolving disputes (LRL 3), SCA judges, Sectors, Statutes (LRL 2)-work, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Oakbay Investments (Pty) Ltd v Tegeta Exploration and Resources (Pty) Ltd Considering possible conflict of interest by business rescue practitioners SCA stated that “An examination of the sub-sections of s 139(2) reveals...

Business rescue practitioners: Payments voided

by GilesFiles | Feb 10, 2021 | 2020 onwards, Agriculture, Applications, business rescue, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Topics | 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,...

Business rescue practitioners: No grounds for removal

by GilesFiles | Dec 9, 2020 | 2020 onwards, Absenteeism, Allowed, Appeals, Appeals - leave, Conduct & capability, Courts, Judges, Jurisdiction & powers, Legal Practice, Legislation, MJD Wallis, Orders, Parties, SCA judges, Sectors, Supreme Court of Appeal, Termination (LRL 8), Topics | 0 |

Knoop NO v Gupta (Tayob Intervening) SCA confirmed two general principles that apply to removal of business rescue practitioners (BRPs) and confirmed that it is not something to be ordered lightly and that the primary reason...

Conflicting interests considered: Employee and executive director

by GilesFiles | Oct 27, 2020 | 2020 onwards, Applications, Construction industry, Courts, Declaratory, High Court, High Court judges, Interdicts & rules, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, LRA 1995, LRA 7: 112-184 Dispute, Orders, Parties, Private enterprises, Refused, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Topics | 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,...

Business rescue practitioners: Operational dismissals

by GilesFiles | Jul 9, 2020 | 2020 onwards, Airline pilots, Appeals, Appeals - leave, Conduct & capability, Courts, Declaratory, Disallowed, Judges, Jurisdiction & powers, Labour Appeal Court, Labour Relations, LAC judges, Legal Practice, Legislation, LRA 1995, LRA 7: 112-184 Dispute, LRA 8a: 185-197B Dismissal, MV Phatshoane, Operational reasons, Orders, Parties, Resolving disputes (LRL 3), Sectors, Statutes (LRL 2)-work, Termination (LRL 8), Topics, Trade unions | 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,...

Supervision and business rescue: Management and control

by GilesFiles | Jun 3, 2020 | 2020 onwards, Applications, business rescue, Causes and defences, Consumer protection, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Hospitality, Impossible or illegal, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Private enterprises, Sectors, Special pleas, Statutory, Termination (LRL 8), Topics, Urgency | 0 |

Matshazi v Mezepoli Melrose Arch (Pty) Ltd Supervision and business rescue and high court rejected the contention that the applications were brought for an ulterior purpose in order to wrest control from the current management...

Tag: Companies Act 71 of 2008