Posts Tagged ‘transfer of a going concern; AUSA v SAA; Hasco Metals South Africa v Arcelormittal South Africa’

Van Niekerk J, with the benefit of the Constitutional Court judgment in AUSA v SAA & Others, revisited the factual test applicable to the transfer of a business as a going concern. In this regard and at para [37] Van Niekerk J held that:- 1. “The fact that Phoenix and Tube City will not take [...]