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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Publisher's URL: http://reference.sabinet.co.za/sa_epublication_article/ju_samlj_v20_n1_a9
Abstract
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 |
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Status: | Published |
Refereed: | Yes |
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: | 1015-0099 |
ISSN (Online): | 1996-2185 |
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