In substance it directed that DLG, which had previously been deregistered under s 73 5 of the Act, be restored to the register of companies. This feature is not available right now. The question whether DLG's royalties claim should have succeeded on its merits is therefore not one we have to decide. If this right [to apply for restoration] is exercised the worst that can happen to any party, or the best, according to the facts, would be the revival of a pre-existing relationship which may have been terminated by the action of the Registrar in securing the removal from the register. PDF format. There seems to be no reason why any party, albeit as creditor, debtor or party in litigation pending, should have a right to intervene in an application of this kind, particularly in the present circumstances, where the restoration of the company to the register would afford that company an opportunity which it would otherwise lose of proceeding with litigation against the intervening party.
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The other appeal — against successful claim for royalties by company restored to register — upheld on basis that because restoration order had been rightly set aside — the claim had effectively been granted in favour of a party that did not exist.
Its setting aside must in any event have operated with retrospective effect to the date it was granted. As Schutz JA said, albeit in a somewhat different context, in Mouton v Boland Bank Ltd 3 SA SCA at D-Hduring the period that elapsed since deregistration, 'the moving finger', so to speak, may very well 'have moved on' and the deeming provision in s 73 6 cannot change that fact. This conclusion, incidentally, shows why the stay of the royalties proceedings, pending the outcome of the setting aside application would have been the appropriate solution.
Razbuten Recommended for you New. Sign in to report inappropriate content. Because DLG had failed to comply with these obligations, so Insamcor contended, it was not entitled to claim royalties or to cancel the agreement.
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|As a result of deregistration, third parties may have acquired or lost rights, or they may have decided not to exercise their rights against the company — precisely because the company did not exist.
At the same time it sought a stay of the royalties proceedings, pending the outcome of the setting aside application on the basis that, if DLG were to revert to its previous state of deregistration, the claimant for royalties would disappear. Third, in any event, para 5. The other appeal — against successful claim for royalties by company restored to register — upheld on basis that because restoration order had been rightly set aside — the claim had effectively been granted in favour of a party that did not exist.
Both claims were upheld by Meyer AJ.
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This feature is not available right now. What is more, these two documents — and the paper trail leading from them — also paved the way for the setting aside application before Blieden J, which eventually gave rise to the second appeal.
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Razbuten Recommended for you New. Likewise debtors and creditors of the company at time of deregistration may upon restoration find their obligations or rights resuscitated.
What is more, a restoration order seems to validate, retrospectively, all acts done since deregistration — including, for example, the institution of legal proceedings — on behalf of a company that did not exist.
The restoration then brings the company back into existence as if the Registrar had never acted, and leaves all parties concerned thereafter to enforce such rights as they may have against the restored company.
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|Two days before the matter was set down for hearing, Insamcor compelled discovery of two documents which formed the basis of an additional defence against the royalties claims.
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King Of Lightning 86, views. Third, in any event, para 5. Autoplay When autoplay is enabled, a suggested video will automatically play next. It follows that the royalties proceedings were conducted all along on behalf of a claimant that did not exist.
SUMMARY: Two appeals – one against order setting aside the restoration of a reported sub nom Insamcor (Pty) Ltd v Dorbyl Light and General Engineering (Pty) Ltd at the rate of 7,5% (seven comma five per centum) per piece.
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For that reason alone, the setting aside application therefore rightly succeeded. First, since it had a direct and substantial interest in the outcome of the restoration order, it should have been joined in those proceedings.
King Of Lightning 55, views. Dikboul Recommended for you. There was therefore no reason why the rule should not be confirmed.
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|Where a particular third party can be identified a priori as a necessary party — such as Insamcor in the present case, who was in fact referred to in the order by name — service of the rule on that party should be directed, while notice to unknown potentially interested parties can be ensured through publication of the rule see eg the order in Sengol at A-C and in Jacobson at B-C.
Thirdly, that during Saunders had instituted an action, based on an alleged infringement of its copyright in the licensed products, against Insamcor, and that this action had been settled by agreement. Watch Queue Queue. Proceeding from that premise the accepted notion seems to be that the rights and obligations of all parties remain the same as prior to deregistration.
The share sale agreement recorded that the business of DLG had already been transferred to DFC and that DLG had previously been deregistered, but that Dorbyl was in the process of applying for the restoration of its name to the register of companies.
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