South Africa Case Law

Degueldre v Companies and Intellectual Property Commission (A211/23)

Degueldre v Companies and Intellectual Property Commission (A211/23) [2024] ZAWCHC 222 (26 August 2024)

Court

Western Cape High Court, Cape Town

Case number

A211/23

Judges

Henney, Lekhuleni, Allie

The High Court held that the Minister of Finance had to be joined in a close-corporation reregistration application, but found the Western Cape court had jurisdiction.

• Reregistration Of Close Corporation
• Joinder Of Minister Of Finance
• Jurisdiction Of High Court
• Bona Vacantia
• Section 83 Companies Act
• Close-corporation-reregistration

Goosen v Minister of Trade and Industry and Others (EL 639/2024)

Goosen v Minister of Trade and Industry and Others (EL 639/2024) [2024] ZAECELLC 28 (15 April 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 639/2024

Judge

Hartle

Urgent application to reinstate a deregistered close corporation was not finally granted; the court issued a rule nisi and required notice to interested parties.

• Reinstatement Of Deregistered Entity
• Section 83 Companies Act
• Urgent Interdict
• Bona Vacantia
• Counterclaim Prosecution
• Reinstatement-of-deregistered-entity

Gainsford and Another v Introdeals 159 (Pty) and Others (44974/2013)

Gainsford and Another v Introdeals 159 (Pty) and Others (44974/2013) [2014] ZAGPPHC 869 (17 October 2014)

Court

North Gauteng High Court, Pretoria

Case number

44974/2013

Judge

E M Makgoba

The court found that the applicants, as joint liquidators, were unable to fulfill their statutory duties due to the deregistration and dissolution of the first respondent, which rendered the property bona vacantia and vested it in the State. Section 83(4) of the Companies Act 71 of 2008 empowers the court to declare the dissolution void and to make any other order that is just and equitable, including validating legal proceedings instituted during the period of deregistration. The court rejected the twelfth respondent's reliance on Fintech (Pty) Ltd v Awake Solutions (Pty) Ltd, distinguishing…

Source excerpt

• Company Deregistration
• Liquidation
• Section 83 Companies Act
• Validation Of Proceedings
• Locus Standi
• Punitive Costs