Davel NO and Others v KTSD Training Centre and Others (A479/09) [2012] ZAGPPHC 23 (15 February 2012)

Davel NO and Others v KTSD Training Centre and Others (A479/09) [2012] ZAGPPHC 23 (15 February 2012)

The court held that the deregistration of Sonel Personeel BK was a fact and, as a result, the corporation ceased to exist in law. All assets vested in the State as bona vacantia. The applicants, as liquidators, lost their locus standi to pursue claims on behalf of the corporation. Even if the deregistration was erroneous, it remained effective until set aside by a competent court. Therefore, the applicants could not proceed with the appeal or any claims as liquidators. The appeal was struck from the roll and the applicants were ordered to pay the respondents' costs de bonis propriis, including the costs of two counsel.

Citation
[2012] ZAGPPHC 23
Parties
Applicant: Michael Hendrik Davel N.O.; Applicant: Thea Christina Lourens N.O.; Applicant: Rynette Pieters; Respondent: KTSD Training Centre; Respondent: Michael Nchazeni Khumalo; Respondent: Lieutenant General Mamela Moreti Motau; Respondent: Minister of Defence
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
15 February 2012
Case Number
A479/09
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal struck from the roll; applicants ordered to pay costs de bonis propriis.
Judges
Vorster, Rabie, Thlapi
Legal Topics
Locus Standi, Deregistration of Corporation, Bona Vacantia, Piercing Corporate Veil, Administrative Action Finality
Commercial and Corporate Civil Procedure Locus Standi Deregistration of Corporation Bona Vacantia Piercing Corporate Veil Administrative Action Finality

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Hendrik Davel N.O.

Applicant

Thea Christina Lourens N.O.

Applicant

Rynette Pieters

Applicant

KTSD Training Centre

Respondent

Michael Nchazeni Khumalo

Respondent

Lieutenant General Mamela Moreti Motau

Respondent

Minister of Defence

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the deregistration of Sonel Personeel BK deprived the liquidators of locus standi to pursue claims on behalf of the corporation.
  2. 2 Whether the deregistration was valid and its legal consequences for the proceedings.
  3. 3 Whether the corporate veil should be pierced to hold individuals personally liable for the debts of Sonel Personeel BK.

Ratio Decidendi

The court held that the deregistration of Sonel Personeel BK was a fact and, as a result, the corporation ceased to exist in law. All assets vested in the State as bona vacantia. The applicants, as liquidators, lost their locus standi to pursue claims on behalf of the corporation. Even if the deregistration was erroneous, it remained effective until set aside by a competent court. Therefore, the applicants could not proceed with the appeal or any claims as liquidators. The appeal was struck from the roll and the applicants were ordered to pay the respondents' costs de bonis propriis, including the costs of two counsel.

Court Disposition

Appeal struck from the roll; applicants ordered to pay costs de bonis propriis.

Orders

  • The appeal is struck from the roll.
  • The applicants are ordered to pay the respondents' costs of the appeal de bonis propriis, including the costs of two counsel.