South Africa Case Law

Hay Management Consultants Ltd v P3 Management Consultants (Pty) Ltd (439/2003)

Hay Management Consultants Ltd v P3 Management Consultants (Pty) Ltd (439/2003) [2004] ZASCA 116; [2005] 3 All SA 119 (SCA); 2005 (2) SA 522 (SCA) (30 November 2004)

Court

Supreme Court of Appeal

Case number

439/03

Judges

Scott, Cameron, Conradie, Heher, Patel

The Supreme Court of Appeal held that submission by a peregrinus defendant to the jurisdiction of a South African court is sufficient to confer jurisdiction in an action for money by an incola plaintiff, without the need for attachment of property. The court found that the cumulative effect of the contractual domicilium and choice of law clauses, together with the business relationship and the selection of a South African address for service of process, established on a balance of probabilities that the defendant intended to submit to the jurisdiction of the Witwatersrand Local Division. The…

Source excerpt

• Jurisdiction Over Peregrinus
• Submission To Jurisdiction
• Domicilium Clause
• Choice Of Law
• Attachment Of Property