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South Africa Case Law

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Commercial And Corporate [2013] ZAWCHC 57

ABSA Bank Ltd v Companies and Intellectual Property Commission of South African and Others (A29/13)

ABSA Bank Ltd v Companies and Intellectual Property Commission of South African and Others (A29/13) [2013] ZAWCHC 57; 2013 (4) SA 194 (WCC); [2013] 3 All SA 34 (WCC) (19 April 2013)

Court
Western Cape High Court, Cape Town
Case number
A29/13
Judges
Rogers, Yekiso, Cloete

Section 83(4) of the Companies Act 71 of 2008 applies to all cases where a company or close corporation has been dissolved by removal from the register, including administrative deregistration for failure to file annual returns. The court has jurisdiction to declare the dissolution void and order restoration to the register, even where administrative reinstatement is impractical or impossible. Restoration by court order re-vests assets and liabilities held immediately prior to dissolution but does not validate acts or transactions during the period of dissolution unless specifically ordered.…

Source excerpt

  • Deregistration Of Close Corporations
  • Restoration To Register
  • Companies Act 2008
  • Close Corporations Act
  • Sale In Execution
  • Bona Vacantia
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Commercial And Corporate [2012] ZAWCHC 328

Burmeister and Another v Avenue Brittany (Pty) Ltd and Others (4523/2011)

Burmeister and Another v Avenue Brittany (Pty) Ltd and Others (4523/2011) [2012] ZAWCHC 328 (11 October 2012)

Court
Western Cape High Court, Cape Town
Case number
4523/2011
Judge
Binns-Ward

The court found that the delay in prosecution between 2004 and 2006 was not sufficient to refuse restoration of the company, especially as the deregistration was based on a misstatement by the directors regarding liabilities. The pleadings had closed and liability had been admitted prior to deregistration. The respondents' reliance on case law was distinguishable, as those cases involved active steps to dismiss litigation for want of prosecution, which was not present here. Restoration was ordered, and acts undertaken during deregistration were deemed valid for litigation purposes. Costs were…

Source excerpt

  • Company Deregistration
  • Restoration To Register
  • Directors Liability
  • Costs Award
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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.