n SA Mercantile Law Journal = SA Tydskrif vir Handelsreg - Company law and the spoliated director : Greaves v Barnard : case comments
|Article Title||Company law and the spoliated director : Greaves v Barnard : case comments|
|© Publisher:||Juta Law Publishing|
|Journal||SA Mercantile Law Journal = SA Tydskrif vir Handelsreg|
|Publication Date||Jan 2008|
|Pages||135 - 145|
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.
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