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Relief from oppressive or prejudicial conduct under the companies act
Section 163 provides that shareholders of a company may apply to the courts for relief under a number of circumstances. The first is where there has been an act or omission of the company, or a related person, which is oppressive or unfairly prejudicial to, or unfairly disregards the interest of the applicant (s163(1)(a)). Sec...
August 2016: Meter Wars: A Consumer Strikes Back
“You can’t fight city hall” - old idiom decrying the futility of trying to fight a bureaucracy You challenge the accuracy of a services account from your local municipality, thus: “Your meter must be wrong, no way was my consumption that high”. The reply: “We’ve tested the meter and it works fine. Pay up or face disconnectio...
July 2016: Neighbours Behaving Badly: Nip Illegal Building In The Bud!
Bad neighbours don’t just impinge on your enjoyment of your property; they can also cause serious harm to its value. So if you notice illegal building activity next door, move quickly to nip the problem in the bud. Your hand in this regard has just been strengthened. An important new decision by the Supreme Court of Appeal (S...
June 2016: Property Agreements – An Alteration Could Sink Your Sale!
Agreement makes law” - Old legal maxim Although in our law most verbal contracts are binding, property sale agreements are an exception. They must be in writing and signed by the parties to be valid, the reason being that it greatly reduces the risk of confusion or dispute as to what the buyer and seller have actually agreed...
May 2016: Property And Trusts – Be Careful!
This case yet again demonstrates the need to be careful when dealing with a trust - extract from judgment below For most of us, business dealings with trusts are most likely to happen when selling a property to, or buying a property from, a trust. But no matter why or how it happens, have your lawyer check that whoever signs...