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Hulse Reutter

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HÜLSE-REUTTER AND OTHERS v GÖDDE 2001 (4) SA 1336 (SCA) Page 1 of 12 Document 1 of 1 HÜLSE-REUTTER AND OTHERS v GÖDDE 2001 (4) SA 1336 (SCA) 2001 (4) SA p1336 Citation 2001 (4) SA 1336 (SCA) Case No 34/2000 Court Supreme Court of Appeal Judge Hefer ACJ , Harms JA , Scott JA , Mthiyane JA and Froneman AJA Heard September 6, 2001 Judgment September 25, 2001 Counsel W R E Duminy SC (with him A M Smalberger) for the appellants. T A Barnard for the respondent. Annotations Link to Case Annotations B Flynote : Sleutelwoorde Company - Legal personality of - Separate identity of - Doctrine of 'piercing the corporate veil' - Separate legal personality of company to be recognised and upheld except in unusual circumstances - Court having no general discretion to disregard existence of separate corporate identity when it just or convenient to do so - Much depending on close analysis of facts of each case, considerations of policy and C judicial judgment - Some misuse or abuse to be shown of distinction between corporate identity and those controlling it, resulting in unfair advantage being afforded to latter. Jurisdiction - Attachment to found or confirm jurisdiction - Plaintiff and defendant peregrini Attachment insufficient to establish jurisdiction - Some recognised ratio jurisdictionis D required in addition. Jurisdiction - Attachment to found or confirm jurisdiction - Requirements for - Requirement of prima facie cause of action - Such requirement satisfied if ...
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