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Litigation Articles

Can Trustees Determine the Capital Beneficiaries in a Trust? A Detailed Analysis of Schoonhoven N.O and Others v Schoonhoven and Others [2024] ZAKZPHC 1

Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020) [2024] ZAKZPHC 1, the High Court grappled with the intricate interpretation of a trust deed and a will. This case revolved around the Schoonies Familie Trust and raised...

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.

Examining Illegal Operations in Corporate Conflicts: The Case of Tikbox League

The Pretoria High Court's recent decision in Tikbox League (Pty) Ltd and Others v Du Toit and Others (B1342/2023) [2023] ZAGPPHC 2025 (18 December 2023) offers a compelling look into the legal challenges faced by social media promotion companies. Presided over by...

The Complex Terrain of Deceased Estates Litigation: A Step-by-Step Guide

Dealing with the legalities surrounding deceased estates can be a challenging and emotionally charged process. When disputes arise, deceased estates litigation becomes a necessary avenue to resolve conflicts and ensure a fair distribution of assets. This blog aims to...

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.

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When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.

read more
Is A Quotation Worth The Paper It Is Written On?

Is A Quotation Worth The Paper It Is Written On?

Shelly is a second-year cinematography student at a well-known tertiary education institution. At the end of her first year, she requested from the finance department a quotation for her second year of studies. This was presented to her on a document named a tax invoice. The quotation was accepted in that Shelly duly enrolled for her second year by making payment of the deposit requested. In April of her second year, Shelly requested an updated statement from the finance department of the college and was presented with a further “tax invoice”. On this second tax invoice however, Shelly noticed that the amounts previously indicated as the price per module, had suddenly increased! She naturally was very upset about this as she is working part time to pay for her studies and thus requested legal advice in this regard. Does Shelly have any recourse?

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