proceedings with retrospective effect; but (b) that the court was right in holding that it was authorised. 22 As regards the remedy to which the appellants are entitled, Mr Binns-Ward submitted that the court should order the first respondent to implement the first solution suggested by its own expert, Mr Jacobs, and which he said in his report should be implemented. He also ordered Newlands to pay dividends on these shares, together with interest and the costs of both the arbitration and the earlier proceedings in the high court. It follows that unless the reinstatement of Newlands has, or is afforded, retrospective effect, (a) the arbitration proceedings, (b) the associated court proceedings, together with (c) the orders and awards that were made in favour of Peninsula against Newlands in those proceedings, would simply. And that in consequence (para. That would however, not be conclusive without more. Our mission is to provide the academic society with a fast and efficient portal to compile and submit a thesis or dissertation. This is so because, as far as dates are concerned, we know that Newlands was deregistered on that all these proceedings occurred before it was reinstated on To say that a conclusion of non-retrospectivity would have a seriously detrimental effect on Peninsula would clearly. But neither in Amarel nor in Fintech was the issue of retrospectivity fully considered. He contended, however, that, subject to this order, the appeal should be dismissed with costs. As I see it, the wording of the section leaves no room for the pragmatic approach adopted by the court a quo.
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I say fortunately because the construction of s 420 is known to have given rise to problems of its own (see eg Motala others civil war argument essay v Master of the High Court (North Gauteng) others 2014 2 All SA 154 ; (313/13) 2013 zasca 185 (SCA) ). What Newlands actually sought to introduce by means of these supplementary heads, was the substantive defence that the share sale agreement on which Peninsulas claim rested was contra bonos mores, in that it was in conflict with the hpcsa policy against incentives; and that the. It also resulted from the administrative process in terms of s 73(6A) and in terms of s 26(7) of the Close Corporations Act. Judgment, reportable, case No: 086/2014, in the matter between: newlands surgical clinic (PTY) LTD appellant and, peninsula EYE clinic (PTY) LTD respondent. That decision relies on one argument only, namely that the deeming provisions to the effect that the company had. Thereafter in December 1997 the local authority approved a subdivision application providing the detailed residential layout and the extent of the land use rights for Sunset Links. These matters were dealt with in chapter XIV of the 1973 Act under the heading Winding-up of companies. With a team of experienced biotech professionals we can contribute to an internal program or independently run a discovery effort. 17 The whole passage from Sheppard AJAs judgment, including the portion not cited by Traverso DJP, as Mr Binns-Ward submitted (correctly in my view when considered as a statement of what might reasonably be expected between a golf course owner and its residential neighbours, reflects. 13 Since the decision in Moch, the statutory basis for this courts jurisdiction has been superseded by the Superior Courts Act 10 of 2013.