Synopsis:
Application concerning the interpretation and application of s13 of the Companies Act. The question was how a court should approach the exercise of s13 discretion given that section 34 of the Constitution entrenches the right to have disputes resolved by courts. O'Regan J held in a majority judgment that on appeal the exercise of discretion by a court in terms of s.13 will only be interfered with if it was not exercised judicially or on the basis of incorrect facts or principles of law. The appeal was dismissed.
