Tag: Janine Will
Steinhoff shareholders have no triable case
On 26 June 2020, the High Court in Johannesburg dismissed with costs an application for the certification of a class action by Steinhoff shareholders against the directors and auditors of Steinhoff companies, having determined that the shareholders do not have a triable case.
Directors are not liable to shareholders for a diminution in value...
In a recent hearing before the Gauteng High Court, Hlumisa Investment Holdings RF Ltd v Kirkinis 2019 (4) SA 569 (GP), the minority shareholders of a holding company attempted to use provisions of the Companies Act, No. 71 of 2008 ('the Act') to claim damages from the directors of the company for the reduction in value of their shares.
Factors beyond a consumer’s control
"Poor legal writing might result in an injustice for a client: a judge might misunderstand what a lawyer is seeking; an adversary might seize on an ambiguity. To avoid these problems, strive for perfection." Judge Dhaya Pillay opened her judgement with this quote when handing down judgement in a case which dealt with factors beyond the consumer’s control, which had caused non-compliance.
