Clyde & Co Successfully Advises Peninsula Eye Clinic In Ground-Breaking Judgment

Profession:Clyde & Co

Clyde & Co has successfully represented Peninsula Eye Clinic (Pty) Ltd ("PEC") in a ground-breaking judgment dealing with the restoration of companies under the Companies Act 71 of 2008 (the "Act").

Clyde & Co represented PEC in an application for a declaration that the restoration of a company in terms of section 82(4) of the Act has retrospective effect. The application followed successful arbitration proceedings conducted against Newlands Surgical Clinic (Pty) Ltd ("NSC"). Unbeknownst to both parties, between the time of the commencement of the arbitration proceedings and a final appeal award in those proceedings, NSC had gone into deregistration for administrative reasons. The Act did not cater for automatic reinstatement (like its predecessor) leading to a lacuna in the law which subsisted since May 2011. After various lower court decisions which yielded contradictory outcomes, the Supreme Court of Appeal, in a minority judgment, decided the matter finally ruled that...

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