Cape Town – Lewis Group has welcomed a judgment handed down by the Western Cape High Court on Tuesday, which set aside a demand brought by David Woollam to have four Lewis directors declared delinquent.
The judge ruled that Woollam’s use of section 165 of the Companies Act was “vexatious” and that there was no merit in his demand to have the directors declared delinquent. The four directors are Johan Enslin, Les Davies, David Nurek and Hilton Saven.
The court awarded costs against Woollam. Lewis was also awarded costs against Woollam in relation to an application brought by him to strike out Lewis’s replying affidavit, including wasted costs.
According to the judgment, Woollam could not dispute the evidence of Lewis that the sale of loss of employment insurance occurred because of erroneous data capture. Moreover, there was no evidence before the court to connect any of the directors with the incidents of the sale of loss of employment insurance.