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South Africa decisions
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Parsons Transport v Zebra Stripes Holdings 2 CC (72977/2010) [2017] ZAGPPHC 417 (21 July 2017)
The High Court dismissed an application for leave to appeal, holding that the order sought to be appealed was not finally dispositive and had no reasonable prospect of success.
G Walker Engineering CC t/a Atlantic Steam Services v First Garment Rental (Pty) Ltd (2011 (5) SA 14 (WCC)) [2011] ZAWCHC 261; 7405/2006 (9 June 2011)
The court held that the deregistration of the plaintiff close corporation resulted in its legal non-existence, precluding the application of rule 39(3) for default judgment. Striking the matter from the roll would not resolve the prejudice to the defendant, as re-registration could revive the action at any time. The court found that the proper procedure would be to give notice to the Minister of Finance, as the state's rights vest upon deregistration, and allow for substitution under rule 15. Since this was not done, the court postponed the matter to allow the defendant to serve notice on the…
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