ACL Group (Edms) Bpk and Others v Qick Televentures FZE (2013 (1) SA 508 (FB)) [2012] ZAFSHC 249; [2012] ZAFSHC 145 (12 July 2012)

ACL Group (Edms) Bpk and Others v Qick Televentures FZE (2013 (1) SA 508 (FB)) [2012] ZAFSHC 249; [2012] ZAFSHC 145 (12 July 2012)

The court held that a foreign company registered as an external company and conducting business in South Africa is not resident for purposes of section 28(1) of the Supreme Court Act. The mere fact of registration and business activity does not confer residence. The applicants satisfied all requirements for attachment to confirm jurisdiction: they established a prima facie cause of action for payment under various agreements, the respondent is a peregrinus, the property sought to be attached is beneficially owned by the respondent and situated within the Republic, and a material element of the cause of action arose in the Free State Province. The respondent's arguments regarding...

Citation
[2012] ZAFSHC 249
Parties
Applicant: ACL Group (Edms) Bpk; Applicant: Intara Trading BK; Applicant: ACL/Intara Gesamentlike Ondernemings; Respondent: Qick Televentures FZE
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 July 2012
Case Number
82/2012
Procedural Posture
Urgent Application / Application for Attachment to Confirm or Found Jurisdiction
Outcome
Application granted; order for attachment to confirm jurisdiction.
Judges
Snellenburg
Legal Topics
Attachment to Found Jurisdiction, Attachment to Confirm Jurisdiction, External Company Residence, Supreme Court Act Section 28, Companies Act Section 23
Civil Procedure Commercial and Corporate Attachment to Found Jurisdiction Attachment to Confirm Jurisdiction External Company Residence Supreme Court Act Section 28 Companies Act Section 23

Case Brief

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Parties

ACL Group (Edms) Bpk

Applicant

Intara Trading BK

Applicant

ACL/Intara Gesamentlike Ondernemings

Applicant

Qick Televentures FZE

Respondent

Procedural Posture

Urgent Application / Application for Attachment to Confirm or Found Jurisdiction

Legal Issues

  1. 1 Whether an external company registered and conducting business in South Africa is resident for purposes of section 28(1) of the Supreme Court Act.
  2. 2 Whether the applicants have satisfied the requirements for attachment to confirm or found jurisdiction.
  3. 3 Whether the property sought to be attached is within the Republic and beneficially owned by the respondent.

Ratio Decidendi

The court held that a foreign company registered as an external company and conducting business in South Africa is not resident for purposes of section 28(1) of the Supreme Court Act. The mere fact of registration and business activity does not confer residence. The applicants satisfied all requirements for attachment to confirm jurisdiction: they established a prima facie cause of action for payment under various agreements, the respondent is a peregrinus, the property sought to be attached is beneficially owned by the respondent and situated within the Republic, and a material element of the cause of action arose in the Free State Province. The respondent's arguments regarding...

Court Disposition

Application granted; order for attachment to confirm jurisdiction.

Orders

  • The application succeeds.
  • An order is granted in terms of prayer 1 of the applicants' Notice of Motion.