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South Africa Case Law

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Commercial And Corporate [2015] ZASCA 83

Reddy v Absa Bank Ltd and Others (20096/2014)

Reddy v Absa Bank Ltd and Others (20096/2014) [2015] ZASCA 83 (28 May 2015)

Court
Supreme Court of Appeal
Case number
20096/2014
Judges
Lewis, Ponnan, Saldulker, Van der Merwe, Mayat

The Supreme Court of Appeal held that the reinstatement of Missouri Trading CC under s 82(4) of the Companies Act 71 of 2008 automatically and retrospectively validated all corporate activities undertaken during the period of deregistration, including the winding up process and the appointment of liquidators. The court relied on its previous decision in Newlands Surgical Clinic v Peninsula Eye Clinic, which established that reinstatement operates retrospectively not only to revest property but also to validate corporate actions. The appellant's application was therefore without merit, and the…

Source excerpt

  • Companies Act 71 Of 2008
  • Deregistration And Reinstatement
  • Retrospective Validation
  • Winding Up
  • Close Corporations
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Commercial And Corporate [2015] ZASCA 25

Newlands Surgical Clinic (Pty) Ltd v Peninsula Eye Clinic (Pty) Ltd (086/2014)

Newlands Surgical Clinic (Pty) Ltd v Peninsula Eye Clinic (Pty) Ltd (086/2014) [2015] ZASCA 25; 2015 (4) SA 34 (SCA); [2015] 2 All SA 322 (SCA) (20 March 2015)

Court
Supreme Court of Appeal
Case number
086/2014
Judges
Brand, Lewis, Pillay, Dambuza, Mayat

The Supreme Court of Appeal held that reinstatement of a deregistered company under s 82(4) of the Companies Act 71 of 2008 operates with complete retrospective effect, validating all corporate activities performed during the period of deregistration, including arbitration proceedings and related court orders. The court rejected the notion of partial retrospectivity, finding no textual basis to distinguish between the restoration of property and validation of corporate acts. The SCA further confirmed that its jurisdiction is strictly confined to the grounds upon which leave to appeal was gran…

Source excerpt

  • Companies Act 71 Of 2008
  • Deregistration And Reinstatement
  • Retrospective Effect
  • Arbitration Awards
  • Public Policy Illegality
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.