ACL Group (Edms) Bpk and Others v Qick Televentures FZE (2013 (1) SA 508 (FB))
ACL Group (Edms) Bpk and Others v Qick Televentures FZE (2013 (1) SA 508 (FB)) [2012] ZAFSHC 249; [2012] ZAFSHC 145 (12 July 2012)
The court held that a foreign company registered as an external company and conducting business in South Africa is not resident for purposes of section 28(1) of the Supreme Court Act. The mere fact of registration and business activity does not confer residence. The applicants satisfied all requirements for attachment to confirm jurisdiction: they established a prima facie cause of action for payment under various agreements, the respondent is a peregrinus, the property sought to be attached is beneficially owned by the respondent and situated within the Republic, and a material element of th…
Source excerpt
- Attachment To Found Jurisdiction
- Attachment To Confirm Jurisdiction
- External Company Residence
- Supreme Court Act Section 28
- Companies Act Section 23