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)
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