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South Africa decisions
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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.
Motor Industry Bargaining Council v Suliman (JS2561/10, J29/14, J304/14) [2015] ZALCJHB 165; (2015) 36 ILJ 2644 (LC) (29 May 2015)
The court found that the authorities cited by the applicant do not support the proposition that the Labour Court has jurisdiction to declare a member of a close corporation personally liable for its debts under section 64 of the Close Corporations Act. The court clarified that neither the Meyer nor the Esterhuizen decisions determined this issue, and that the applicant misconceived the basis for the dismissal of its applications. The court further held that the acceptance of 'windeed searches' as prima facie proof of deregistration was unsupported by authority. However, the court recognized t…
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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).
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.
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