oa De Rebus - Non-existent plaintiff - dealing with misdecriptions in citations : feature
|Article Title||Non-existent plaintiff - dealing with misdecriptions in citations : feature|
|© Publisher:||Law Society of South Africa|
|Affiliations||1 University of the Western Cape|
|Publication Date||Sep 2013|
|Pages||22 - 24|
In HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 22227/2010, 10-5-2011) (Louw J) the respondent, Hotspice, was placed under provisional liquidation. This order was subsequently made final by Moses AJ in HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 22227/2010, 2-12-2011). The applicant was a sole proprietor owned by Plotz, a German citizen, whose locus standi was founded on a judgment awarded in the Western Cape High Court by Le Grange J in HUV Cape Spice v Hotspice Sauces CC (WCC) (unreported case no 6650/04, 9-1-2009). That judgment was for damages arising ex contractu and was awarded to the plaintiff cited therein as 'HUV Cape Spice, a private company with limited liability duly incorporated and registered as such, in accordance with the companies law of Germany, with registration number 1804626808 and having its principal place of business at AM-Hafen 3, 25548, Kellinghusen, Germany'. Plotz testified that he was a director of the plaintiff company and represented it in its contractual dealings with Hotspice.
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