Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others (1423/2018) [2020] ZASCA 83 (3 July 2020)

Jurisdiction: South Africa
Citation: Hlumisa Investment Holdings (RF) Ltd and Another v Kirkinis and Others (1423/2018) [2020] ZASCA 83 (3 July 2020)
Media Neutral Citation: [2020] ZASCA 83
Hearing date: 9 March 2020
Court: Supreme Court of Appeal of South Africa
Case number: 1423/2018
Judges: Navsa JA, Schippers JA, Makgoka JA, Mojapelo AJA, Koen AJA
Judgment date: 3 July 2020
Language: English
Type: Judgment
Download: Download PDF (587.4 KB)

Flynote: Company Law – s 218(2) of the Companies Act 71 of 2008 – claim by shareholders of company against directors and auditors for damages related to diminution in value of shares – directors alleged to have acted in bad faith, for ulterior purposes and without the requisite degree of care, skill and diligence, in breach of
provisions of the Act – company, rather than shareholders, proper plaintiff in respectof claim against directors – essentially a claim for reflective loss – claim against auditors based on alleged negligence in the manner in which they conducted an audit of the company, in breach of their legal duty – proper plaintiff the company – claim for
pure economic loss – wrongfulness requirement not met – exceptions rightly upheld by court below – appeal dismissed.