Delve into the Dreyer vs Afristat Investment Holdings [2024] ZAGPPHC142 judgment, a case from the North Gauteng High Court on winding up solvent companies amid allegations of fraud and mismanagement. Discover how this ruling emphasizes the stringent criteria under Section 81 of the Companies Act, safeguarding economic stability and shareholder rights.
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Breaking Down the Van Der Watt V Schoeman Case: Understanding Shareholder Rights in Company Disputes
Explore the Eastern Cape Division, Gqeberha’s ruling on shareholder oppression in Van Der Watt v Schoeman, highlighting legal remedies for shareholders under the Companies Act 71 of 2008 against oppressive conduct within a company.
Understanding the Pityana vs. Absa Group Ltd Case: A Guide to Director Removal and Legal Review
Explore the pivotal Pityana V Absa Group Ltd case analysis from 2024, delving into director removal, corporate governance, and the critical role of Uniform Rule 53 in ensuring procedural fairness and transparency under the South African Companies Act. Understand the court’s decision, its impact on legal review processes, and the procedural rights it highlights for directors and stakeholders
Does a Debt Review Order End with the Death of a Consumer? Insights from First Rand Bank v Du Toit N.O and Another
Introduction In the recent case of First Rand Bank v Du Toit N.O and Another (1162/2023) [2023] ZAFSHC 498 (18 December 2023), the High Court of South Africa, Free State Division, Bloemfontein, addressed a pivotal question: does a debt review order terminate upon the...
Does a Shareholder Have a Right to Audited Financial Statements? Insights from Moodley v Crazy Plastics Holdings
Introduction: In the recent case of Moodley v Crazy Plastics Holdings (Pty) Ltd and Another (23/39002) [2024] ZAGPJHC 7 (5 January 2024), the Gauteng Local Division of the High Court delved into the complexities surrounding a shareholder's right to access audited...
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.
Can Trustees Withhold Financial Documentation from Beneficiaries? – A Discussion on the Case of Mohle N.O and Others v R.L.N and Another
Introduction In the case of Mohle N.O and Others v R.L.N and Another (A43/2023) [2024] ZAMPMBHC 1, the core issue revolved around the duties of trustees towards beneficiaries, specifically regarding the provision of financial statements and supporting documents of a...
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...
Is Removal of a Liquidator for Bias Possible After Divorce Proceedings?
Introduction The intriguing case of S.S.M v P.J N.O and Another (15515/2017) [2023] ZAGPPHC 2024 (18 December 2023) dealt with a request for the removal of a liquidator appointed during the division of assets following a divorce. This case sheds light on the intricate...
Wait for your turn! – Separation of Issues in Divorce Matters | Rule 33(4) is not a tool for queue-jumping.
Divorce matters, when opposed, take a very long time to run their course through the justice system. Litigants invariably become eager to fast-track the process by any means necessary. Unfortunately, in the context of divorce matters, no matter how good your legal...
Think Carefully Before You Sign a Divorce Settlement – You Just Might Be Held To It
Understanding the complexities of divorce, particularly in relation to asset division, can be complex, with a significant focus on the rights to pension benefits. These benefits are considered assets during a divorce and are often a point of contention due to...
The Ad Hoc Central Authority for the Republic of SA v Koch N.O.: A Landmark Case in International Family Law and Child Abduction
As a legal practitioner with a deep-seated interest in the nuances of expatriate and international family law, I have become intimately familiar with the complex issues that emerge when family disputes extend beyond national frontiers. One case that has garnered...