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South Africa Case Law

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Commercial And Corporate [2024] ZAGPPHC 949

DCL Interiors CC (In Liquidation) v Weavind & Weavind INC and Others (3024/2018)

DCL Interiors CC (In Liquidation) v Weavind & Weavind INC and Others (3024/2018) [2024] ZAGPPHC 949 (23 September 2024)

The High Court dismissed a liquidators’ application over payments from an attorney trust account after winding-up, finding the corporation’s deregistration left the liquidators without mandate.

  • Winding Up
  • Void Disposition
  • Liquidator Authority
  • Deregistration
  • Trust Account Liability
  • Winding-up
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Civil Procedure [2016] ZAGPPHC 901

Tanker Services (Pty) Ltd v Lethiba (43918/2013)

Tanker Services (Pty) Ltd v Lethiba (43918/2013) [2016] ZAGPPHC 901 (22 September 2016)

The court held that the plaintiff’s claim prescribed because no determined debt existed against the deregistered close corporation when liability was said to pass to the member.

  • Prescription Act
  • Close Corporation Liability
  • Judicial Interruption Of Prescription
  • Deregistration Of Corporation
  • Prescription
  • Close-corporation-liability
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Commercial And Corporate [2015] ZALCJHB 280

Motor Industry Bargaining Council v Khan and Another (J388/14)

Motor Industry Bargaining Council v Khan and Another (J388/14) [2015] ZALCJHB 280 (2 September 2015)

The Labour Court held that members of a deregistered close corporation remained personally liable for its debts because liability accrued before repeal of the relevant provision.

  • Close Corporation Liability
  • Deregistration
  • Personal Liability Of Members
  • Repeal Of Statutory Provision
  • Close-corporation-liability
  • Personal-liability
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Commercial And Corporate [2015] ZAECGHC 58

Slip Knot Investments 777 (Pty) Ltd v Forlee (3055/2011)

Slip Knot Investments 777 (Pty) Ltd v Forlee (3055/2011) [2015] ZAECGHC 58 (15 May 2015)

The High Court held that a sole member of a deregistered close corporation became personally liable for its debt and rejected a prescription defence.

  • Close Corporations Act
  • Personal Liability Of Member
  • Deregistration Effects
  • Prescription
  • Suretyship
  • Acknowledgement Of Debt
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Commercial And Corporate [2012] ZAECPEHC 41

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12)

Sage Wise 24 CC t/a Steel Doors and Frames v Chothia, Vulcania Reinforcing Company (Pty) Ltd v Chothia (1067/12, 1234/12) [2012] ZAECPEHC 41 (26 June 2012)

The court refused summary judgment where the plaintiffs failed to plead the specific deregistration date needed to fix member liability under section 26(5).

  • Close Corporations Act Liability
  • Deregistration Of Corporation
  • Summary Judgment
  • Prescription
  • Civil Penalty
  • Summary-judgment
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Commercial And Corporate [2012] ZAGPPHC 23

Davel NO and Others v KTSD Training Centre and Others (A479/09)

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

The High Court struck an appeal from the roll after a close corporation’s deregistration removed the liquidators’ locus standi, even if that deregistration was mistaken.

  • Locus Standi
  • Deregistration Of Corporation
  • Bona Vacantia
  • Piercing Corporate Veil
  • Administrative Action Finality
  • Locus-standi
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Labour Law [2011] ZALCJHB 275

United Peoples Union of South Africa v Registrar of Labour Relations (J2252/09)

United Peoples Union of South Africa v Registrar of Labour Relations (J2252/09) [2011] ZALCJHB 275 (15 February 2011)

Appeal against cancellation of a trade union’s registration dismissed after the court found persistent non-compliance with Labour Relations Act duties.

  • Trade Union Registration
  • Non Compliance With Statutory Requirements
  • Genuineness Of Trade Union
  • Guidelines For Registration
  • Cancellation Of Registration
  • Trade-union-registration
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.