Num v Van Rooyen (56204/2008) [2015] ZAGPPHC 435 (10 July 2015) per DS Molefe J.
The High Court rejected a claim for an alleged abuse by a member of the juristic personality of a close corporation. Acting on behalf of about 199 members the trade union relied on secs 64 & 65 of the Close Corporations Act 69 of 1984 (the Act). It was alleged that the members had grossly abused Billard’s juristic personality and that the labour broking business of Billard had been operated recklessly, alternatively, grossly negligently, alternatively, for a fraudulent purpose or with intent to defraud. In particular the High Court rejected the alternative claim based on s 63(h) of the Act in respect of a debt arising out of the judgment of the Labour Court in its case number JS929/02.
Related judgments of the Labour Court:
Num v Billard Contractors CC (JS 929/02) [2006] ZALCJHB 57 ; [2006] 12 BLLR 1191; (2006) 37 ILJ 1686 (LC) (25 April 2006) per Todd AJ.
Num v Billard Contractors CC (J 2801/07) [2011] ZALCJHB 274 (5 October 2011) per Van Niekerk J.