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South Africa decisions
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M Schneider & Hans Schneider Investments (Pty) Ltd v Renasa Insurance Company Ltd (A5026/2018) [2019] ZAGPJHC 231 (28 June 2019)
High Court appeal over insurance claim: the plaintiff proved locus standi, but the insurer established the intoxication exception, so the claim remained dismissed.
EGL Eagle Global Logistics (South African Proprietary) Limited v Eagle Logistics CC and Another (37053/07) [2008] ZAGPHC 160 (6 June 2008)
The court held that the Registrar of Companies failed to comply with section 46 of the Companies Act by not properly communicating its order to the applicant at its registered office or postal address. As a result, the one month period for applying to court under section 48 did not commence, and the applicant was not out of time. The court found that mere knowledge of the order, absent proper statutory notification, does not trigger the time limit. Furthermore, the phrase 'apply to court' in section 48 is ambiguous and should be interpreted restrictively to mean that filing the application is…
Source excerpt
Hollywood Curl (Pty) [1988] ZASCA 132; [1989] 4 All SA 30 (AD) (30 September 1988)
The Appellate Division held that section 45(2) requires a causal link between a company’s registered name and likely damage; passing off alone was insufficient.
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