De Bruyn v Grandselect 101 (Pty) Ltd and Another (1961/2013)
De Bruyn v Grandselect 101 (Pty) Ltd and Another (1961/2013) [2014] ZANCHC 3 (5 March 2014)
The Court held that jurisdiction for liquidation and business rescue proceedings is determined by the location of the registered office or principal place of business of the company. The Companies Act, 71 of 2008, does not expressly limit jurisdiction to the registered office, and common law and previous statutory provisions allow for dual residence. However, on the facts, the principal place of business and central control of Grandselect 101 (Pty) Ltd were found to be in Cape Town, Western Cape, not within the Northern Cape. The applicant failed to establish that the principal place of busin…
Source excerpt
- Business Rescue Proceedings
- Company Jurisdiction
- Liquidation
- Principal Place Of Business
- Registered Office
- Statutory Interpretation