UK: Clyde & Co Successfully Advises Peninsula Eye Clinic In Ground-Breaking Judgment
Last Updated: 1 April 2015

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 section 82(4) has full retrospective effect and that PEC may enforce the arbitration award.

Clyde & Co partner Max Ebrahim, said: "The result followed significant commitment on the part of PEC.  We are particularly pleased to have emerged triumphant in a matter that has significant implications for companies carrying out business in South Africa. This achievement is a testament to the team's careful attention to detail, tenacity and outstanding strategic thinking, which ultimately yielded an excellent result for our client. It also follows shortly after the establishment of the Clyde & Co offices in South Africa and is testament to the depth of our experience in this region."

For more detailed information on this judgment please click here

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