Tuesday, 10 June 2008

Eagle wars

The SA High Court has handed down the latest judgment in EGL Eagle Global Logistics (South African Proprietary) Limited v Eagle Logistics CC and Another (37053/07) [2008] ZAGPHC 160 (6 June 2008) on a point in limine in a dispute between the two Eagle companies that has been going on since 2002 when Eagle Logistics applied under the Companies Act 61 of 1973 for Eagle Global to change its name, and succeeded in 2004. The decision was taken on review and referred back to the Registrar of Companies to decide the matter afresh, which it did in favour of Eagle Logistics again in 2007. Eagle Global objected that the order had been sent to the wrong address and that the decision was taken before close of pleadings. An application was then launched to reverse the decision and this hearing arose because Eagle Logistics took the point that the application was out of time. In dismissing Eagle Logistics' point the Judge held that:

"The phrase “apply to court” having been accepted as being ambiguous, should therefore be restrictively interpreted. That is to mean, when an application is filed in court subject to compliance with the provisions of Rule 6 (5)(a)(5)(b) and (5)(e), no one can claim to be likely prejudiced by allowing this matter to go into the merits as envisaged in section 48. I may indicate that having perused the entire papers forming part of the record, it did not appear like here, one is dealing with an application which has no merits. It would therefore be in the best interest of justice and fairness to both parties to have the real disputes between them, be heard and decided upon."

The application on the merits was postponed sine die (without date), so we wait for the next episode of ...... Eagle Crest?.

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