Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa (3130/12)
Bright Bay Property Service (Pty) Ltd v Moravian Church in South Africa (3130/12) [2012] ZAWCHC 178; 2013 (3) SA 78 (WCC) (31 October 2012)
The court held that under the Companies Act 71 of 2008, reinstatement of a deregistered company does not retrospectively validate acts performed during the period of deregistration. The applicant, having been deregistered, lacked corporate personality and could not lawfully demand specific performance or institute proceedings. Any mining permit issued to the applicant during deregistration was void, as the applicant was a non-existent entity. The agreement between the parties was no longer in operation, and the applicant had no clear right to the relief sought. The respondent was not obliged…
Source excerpt
- Company Deregistration
- Mining Permits
- Specific Performance
- Corporate Personality
- Contractual Resolutive Conditions