Company law and the spoliated director: Greaves v Barnard: case comments

Esser, I.-M. (2008) Company law and the spoliated director: Greaves v Barnard: case comments. South African Mercantile Law Journal, 20(1), pp. 135-145.

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In Greaves v Barnard (2007 (2) SA 593 (C)) the question arose whether a director was entitled to a spoliation remedy if the company prevented him from entering its premises and accessing his office. A spoliation order may be granted only if the applicant was in possession of property with the intention of securing a benefit for himself. The Court thus had to decide whether the director performed his work and occupied his office to secure a benefit for himself. In the course of deciding this question, it made a number of interesting remarks on directors and their duties to a company. The purpose of this note is to analyse these remarks from the perspective of company law. But first a brief overview of the facts and the judgment.

Item Type:Articles
Glasgow Author(s) Enlighten ID:Esser, Professor Irene-Marie
Authors: Esser, I.-M.
College/School:College of Social Sciences > School of Law
Journal Name:South African Mercantile Law Journal
Publisher:Juta and Company Ltd.
ISSN (Online):1996-2185

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