G Walker Engineering CC t/a Atlantic Steam Services v First Garment Rental (Pty) Ltd (2011 (5) SA 14 (WCC))
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…
Source excerpt
- Deregistration Of Close Corporation
- Absolution From The Instance
- Rule 15 Substitution
- Rule 39 Default Judgment