B v B (700/2013) [2014] ZASCA 137 (25 September 2014)

B v B (700/2013) [2014] ZASCA 137 (25 September 2014)

The Supreme Court of Appeal held that the plaintiff proved an accrual to the defendant's estate by relying on the defendant's discovered documents and admissions made during cross-examination. The court found that the commencement value for accrual purposes must be reduced by the value of excluded assets as specified in the antenuptial contract, resulting in a commencement value of R108,000, which, when adjusted for inflation, amounted to R234,077.76. The value of the defendant's loan account in Full House Taverns was accepted as R11,101,528 based on admissions made by the defendant's counsel. The liability to the Family Trust was accepted at R418,343, and no assets could be traced to...

Citation
[2014] ZASCA 137
Parties
Appellant: D E B; Respondent: M G B
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
25 September 2014
Case Number
700/2013
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban
Outcome
Appeal dismissed with costs, save for amendments to the trial court's order.
Judges
Lewis, Tshiqi, Theron, Mocumie, Gorven
Legal Topics
Matrimonial Property Act, Accrual System, Antenuptial Contract, Excluded Assets, Burden of Proof, Costs Orders
Family and Children Civil Procedure Matrimonial Property Act Accrual System Antenuptial Contract Excluded Assets Burden of Proof Costs Orders

Case Brief

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Parties

D E B

Appellant

M G B

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban

Legal Issues

  1. 1 Whether the plaintiff proved an accrual to the estate of the defendant under the Matrimonial Property Act.
  2. 2 How the commencement value and excluded assets under the antenuptial contract should be treated in the accrual calculation.
  3. 3 Whether the evidence and documents relied upon for the accrual calculation were admissible.

Ratio Decidendi

The Supreme Court of Appeal held that the plaintiff proved an accrual to the defendant's estate by relying on the defendant's discovered documents and admissions made during cross-examination. The court found that the commencement value for accrual purposes must be reduced by the value of excluded assets as specified in the antenuptial contract, resulting in a commencement value of R108,000, which, when adjusted for inflation, amounted to R234,077.76. The value of the defendant's loan account in Full House Taverns was accepted as R11,101,528 based on admissions made by the defendant's counsel. The liability to the Family Trust was accepted at R418,343, and no assets could be traced to...

Court Disposition

Appeal dismissed with costs, save for amendments to the trial court's order.

Orders

  • The appeal is dismissed with costs, except that the order of the court a quo is amended as follows:
  • The defendant is to pay to the plaintiff the sum of R6,478,717.75 by no later than 30 November 2014.