South Africa Case Law

De Bruyn v Grandselect 101 (Pty) Ltd and Another (1961/2013)

De Bruyn v Grandselect 101 (Pty) Ltd and Another (1961/2013) [2014] ZANCHC 3 (5 March 2014)

Court

Northern Cape High Court, Kimberley

Case number

1961/2013

Judge

Phatshoane

The Court held that jurisdiction for liquidation and business rescue proceedings is determined by the location of the registered office or principal place of business of the company. The Companies Act, 71 of 2008, does not expressly limit jurisdiction to the registered office, and common law and previous statutory provisions allow for dual residence. However, on the facts, the principal place of business and central control of Grandselect 101 (Pty) Ltd were found to be in Cape Town, Western Cape, not within the Northern Cape. The applicant failed to establish that the principal place of busin…

Source excerpt

• Business Rescue Proceedings
• Company Jurisdiction
• Liquidation
• Principal Place Of Business
• Registered Office
• Statutory Interpretation

Sibakhulu Construction (Pty) Ltd v Wedgewood Village Golf Country Estate (Pty) Ltd (27956/2010)

Sibakhulu Construction (Pty) Ltd v Wedgewood Village Golf Country Estate (Pty) Ltd (27956/2010) [2011] ZAWCHC 439 (16 November 2011)

Court

Western Cape High Court, Cape Town

Case number

27956/2010

Judge

AG Binns-Ward

The court held that a company resides only at its registered office under the Companies Act 2008, rejecting Port Elizabeth jurisdiction and postponing winding up.

• Companies Act 2008
• Business Rescue
• Jurisdiction Of High Courts
• Winding Up
• Principal Place Of Business
• Companies-act-2008

Sibakhulu Construction (Pty) Ltd v Wedgewood Village Golf Country and Others (27956/2010)

Sibakhulu Construction (Pty) Ltd v Wedgewood Village Golf Country and Others (27956/2010) [2011] ZAWCHC 426; 2013 (1) SA 191 (WCC) (16 November 2011)

Court

Western Cape High Court, Cape Town

Case number

27956/2010

Judge

A.G. Binns-Ward

High Court ruling on business rescue jurisdiction held that the company’s registered office determined jurisdiction, so Port Elizabeth lacked jurisdiction.

• Business Rescue
• Jurisdiction Of High Courts
• Winding Up Proceedings
• Companies Act 2008
• Principal Place Of Business
• Business-rescue

Leibowitz t/a Lee Finance v Mhlana and Others (422/2004)

Leibowitz t/a Lee Finance v Mhlana and Others (422/2004) [2005] ZASCA 126; [2006] 4 All SA 428 (SCA); 2006 (6) SA 180 (SCA) (1 December 2005)

Court

Supreme Court of Appeal

Case number

422/2004

Judges

MPATI, STREICHER, LEWIS, VAN HEERDEN, JAFTA

The Supreme Court of Appeal held that the Transkei High Court did not have jurisdiction over the appellant or the insurance companies. All relevant actions, contracts, and possession of policies occurred in Durban or Cape Town, and payment was stipulated to be made in Durban. The respondents failed to prove that the appellant or the insurance companies submitted to the jurisdiction of the Transkei High Court. The principal place of business for jurisdictional purposes is where the central control and management of a company is situated, not merely a branch office within the court's jurisdicti…

Source excerpt

• Jurisdiction Of High Court
• Submission To Jurisdiction
• Principal Place Of Business
• Onus Of Proving Submission

Bisonbord Ltd. v K Braun Woodworking Machinery (Pty) Ltd. (384/88)

Bisonbord Ltd. v K Braun Woodworking Machinery (Pty) Ltd. (384/88) [1990] ZASCA 86; 1991 (1) SA 482 (AD); [1991] 1 All SA 201 (A) (10 September 1990)

Court

Supreme Court of Appeal

Case number

384/88

Judges

Hoexter, Botha, Milne, Nicholas, Goldstone

The Supreme Court of Appeal held that a South African domestic company resides, for jurisdictional purposes, at the place of its registered office. If the principal place of business is elsewhere, the company may also reside there, resulting in dual residence. The court endorsed the reasoning in Dairy Board v John T Rennie & Co (Pty) Ltd, finding that the registered office provides a certain and ascertainable forum for claims against companies, which is consistent with commercial convenience and statutory requirements. The court further held that the doctrine of effectiveness is satisfied, as…

Source excerpt

• Jurisdiction Over Companies
• Registered Office As Residence
• Principal Place Of Business
• Doctrine Of Effectiveness
• Dual Residence
• Forum Domicilii