PEEL V HAMON J&C ENGINEERING (PTY) LTD: Ignoring The Result-Requirement of Section 163(1)(A) of the Companies Act And Extending the Oppression Remedy Beyond its statutorily intended reach
作者: HGJ BeukesWJC Swart
作者单位: 1University of South Africa
刊名: Potchefstroom Electronic Law Journal, 2014, Vol.17 (4), pp.1690-1708
来源数据库: Directory of Open Access Journals
关键词: Section 163OppressionUnfair prejudiceUnfair disregardInterestsCompany lawCorporate lawMinority protection
原始语种摘要: This case note provides a concise and understandable version of the confusing facts in Peel v Hamon J&C Engineering (Pty) Ltd, and deals with the remedy provided for in section 163 of the Companies Act (the oppression remedy). The importance of drawing a distinction between the application of this section and the orders that the Court can make to provide relief in terms of subsection (2) is explained, after which each requirement contained in subsection (1)(a) is analysed. With reference to the locus standi-requirement, it is indicated that the judgment is not to be regarded as authority for the contention that a shareholder or a director who wants to exercise the oppression remedy need not have been a shareholder or a director of the company at the time of the conduct. With reference to...
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  • 团体 LimiTeD
  • remedy 疗法
  • reach 河区
  • LTD LimiTeD
  • PTY LimiTeD
  • reference 基准电压源
  • subsection 小节
  • director 引向器
  • requirement 要求
  • provide 规定
  • protection 保护