Court : South Africa Supreme Court of Appeal
..... ] in the result, the appeal fails. the following order is made: the appeal is dismissed with costs on an attorney and own client scale. 1. in terms of section 1 of the act, deregistration, in relation to a corporation, means the cancellation of the registration of a corporation and deregister has a corresponding meaning. 2. the clauses provide: 16.4 all ..... it had contracted with an entity which had no legal capacity. the resultant agreements were thus void and could not be resuscitated by the subsequent re-registration under section 26(7) of the act. this was so, continued the argument, because the purpose of re-registration is to re-vest the entity with legal personality to enable it to own its ..... the company after it has lodged the outstanding annual return and paid the outstanding prescribed fee in respect thereof. 8. 1982 (3) sa 474 (t) at 477 c-d. 9. 2007 (4) sa 467 (sca). 10. ibid, para 23. 11. for example, in tymans ltd v craven [1952] 2 qb 100 ([1952] 1 all er 613 (ca)), the court .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... against being an arm-chair critic in the coolness of the court-room after the fact, however there must be a reasonable relationship between the attack and the defensive act. [9] the trial court preferred the states version, rightly so in my view, to that of the appellants and rejected that of the appellant as highly improbable ..... court (pretoria) which convicted the appellant of attempted murder and sentenced him to 4 years imprisonment in terms of s 276(1)(i) of the criminal procedure act 51 of 1977 (the act) on 11 june 2004. with the leave of the trial court, the appellant appealed against the conviction and sentence to the north gauteng high court (pretoria). ..... that appeal was dismissed on 29 january 2007. the appeal before us is with the leave of the court a quo on 12 september 2007. [2] the factual background is .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... would become part of the practice. this appears from an e-mail dated 22 november 2002 in which branfield informed wylie that: i dont mind filling in my section but none of the other doctors are too keen to get involved at this stage. the biggest concern remains financial that they are going to acquire debt. ..... have unlimited liability, whilst the liability of shareholders in an incorporated company is limited to liabilities contracted by the company. under the heading bridging finance from bank the proposal further stated that: to finance working capital. surety will be given by all the doctors in proportion to their shareholding. during examination-in-chief branfield was asked by ..... periods of office. the provision is, of course, prescribed for companies designated incorporated or inc by s 49(4) read with s 53(b) of the companies act 61 of 1973. [2] while admitting that he was a director of the company when the debt in favour of medx was incurred, branfield nonetheless denied liability. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 623 (a) at 641e-i). [10] the interdict application, as i have said by way of introduction, rested squarely on s 34(1)(b) of the trade marks act. in relevant part this section provides: (1) the rights acquired by registration of a trade mark shall be infringed by- (a). . . (b) the unauthorized use of a mark which is identical or similar ..... a badge of origin, in the sense that it identifies and guarantees the trade origin of the goods to which it applies (see eg verimark (pty) ltd v bmw ag 2007 (6) sa 263 (sca) paras 4-5). but in the wine industry a trade mark in respect of wine serves to guarantee the origin of the wine only. the badge ..... the western cape high court, cape town. the relief they sought was twofold. first, that the respondent be interdicted in terms of s 34(1)(b) of the trade marks act from infringing its trade mark zonquasdrift by, inter alia, selling wine grapes under that name. secondly, for an order declaring that the respondents registered name is calculated to cause damage .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... appellant amounted to substantial and compelling circumstances justifying a sentence other than life imprisonment as envisaged by s 51(3)(a) of the act. in the context of this case, the section requires that if the court is satisfied that substantial and compelling circumstances exist which justify the imposition of a sentence less than life imprisonment ..... in support of this argument she referred, amongst others, to s v abrahams 2002 (1) sacr 116 (sca), s v sikhipha (above) and s v nkomo 2007 (2) sacr 198 (sca). the crux of this argument was that, notwithstanding the fact that all these matters involved rape which fell within the purview of s 51( ..... 1) of the act, where, absent substantial and compelling circumstances, the court was obliged to impose life imprisonment, this court notwithstanding, did not impose imprisonment for life. in fact the court .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... that allegations of fraud (inducing the contract between the parties) made by the respondent, standard bank of south africa ltd (the bank), against the appellant, north east finance (pty) ltd (north east), did not appear unfounded, and constituted sufficient grounds for it not to compel the bank to submit to arbitration. the high court ..... east to collect payments directly from debtors (end-users). the bank would in turn claim payment from north east. that agreement was in turn amended in may 2007. disputes about the collection of rentals, and the debiting of north easts bank account with the bank, arose in 2008. [4] in september 2008, following ..... where lord porter drew a distinction between arising under and arising out of an agreement. more importantly, it was required because s 7 of the arbitration act 1996 introduced a completely new principle in england. it provides: separability of arbitration agreement unless otherwise agreed by the parties, an arbitration agreement which forms or .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... buchanan that such an application would be doomed to failure because of the long delay from when the decisions were taken (on 23 october 2007) to when the application would be launched. section 7(1) of the paja requires proceedings for review to be brought without unreasonable delay and not later than 180 days after any ..... sa 1 (cc) para 44. 6. cora hoexter administrative law in south africa(2 ed) (2012) at 278. 7. regulation 7(1). 8" 8. section 10(2) of the interpretation act 33 of 1957 states: where a law confers a power, jurisdiction or right, or imposes a duty on the holder of an office as such, then, unless ..... to refuse your clients applications to establish private hospitals at port elizabeth and jeffreysbay. after the above decision was taken, and unbeknown to the superintendent-general, the acting superintendent-general took another decision on 23 october 2007to grant permission to your client to establish private hospitals at port elizabeth and jeffreysbay. there was no rational .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... equitable, transparent, competitive and cost effective. that is taken up in the public finance management act 1 of 1999, which provides in s 51(1)(a)(iii) that the accounting authority of a public entity (which includes sassa) must ensure that the public entity ..... those interests must also be brought to account. [20] the procurement of goods and services by the state and other public entities is subject to various legal constraints. section 217(1) of the constitution requires all organs of state, when they contract for goods or services, to do so in accordance with a system which is fair, ..... university, provided that the university may only terminate a contract of employment on the recommendation of a committee of enquiry [appointed by the vice-chancellor] . 13. para 29 above. 14. [2007] 3 all sa 115 (sca) para 2. 15. 2000 (4) sa 413 (sca). 16. para 30. 17. administrator, transvaal v traub [1989] zasca 90; 1989 (4) sa .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the administration of [lupo], have decided that the applications for: 2.1. the subdivision of portions . . . of the farm hoogekraal no. 238, george, be refused, in terms of section 25 of [lupo]; 2.2. the rezoning of the consolidated project site consisting of portions . . . of hoogekraal . . . george, from "agricultural zone 1" to "subdivisional area ..... from "agriculture / forestry" to "township development", on the combined properties known as hoogekraal 238 in order to allow for a development be approved in terms of section 4(7) [lupo] subject to the following conditions: 1.1. the applicant must investigate the viability of alternative land-uses which should take into account a ..... phase - to the approval of building plans under the national building regulations and building standards act 103 of 1977. for the purposes of this appeal only the first and third phases are relevant. [3] on 17 july 2007 and in response to an application by lagoonbay for an amendment to the structure plan the .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... final determination of review proceedings to be launched by the applicant against the respondents, seeking the review and setting aside of the decision in terms of section 17 of the act by the first and/or second respondents to refuse the applicants application dated 27 october 2004 for a prospecting right in respect of the properties, on ..... the remaining extent and portion 2 of boschkloof. that application was accepted on 9 february 2006 and subsequently granted on 26 july 2006. [7] on 17 august 2007 the director-general: department of minerals and energy wrote to southern sphere: 1. i refer to the abovementioned matter and wish to advise that the minister of ..... 4. it is declared and directed that: 4.1 the first respondent validly took the decision in terms of section 103(4) of the mprda which was communicated to the applicant's attorneys of record on 3 september 2007; 4.2 the applicant ("southern sphere") has been validly awarded prospecting rights over the northern parts of portion 1 .....
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