Bester N.O and Others v Massyn (9530/2021) [2021] ZAWCHC 204 (15 October 2021)

Bester N.O and Others v Massyn (9530/2021) [2021] ZAWCHC 204 (15 October 2021)

The applicants, as duly appointed liquidators, have locus standi to pursue the claim. The respondent received payments from the third applicant's bank account without any lawful or valid causa, resulting in unjust enrichment at the expense of the third applicant and its creditors. The respondent's arguments regarding prescription are rejected, as prescription only commenced upon the appointment of the liquidators and the acquisition of knowledge of the relevant facts. The respondent's alleged repayments do not qualify for set-off and must be pursued as concurrent claims against the liquidated estate. The amendment to increase the quantum of the claim is granted, as supported by the...

Citation
[2021] ZAWCHC 204
Parties
Applicant: Lambertus Von Wielligh Bester N O; Applicant: Johnny Basson N O; Applicant: Octox (Pty) Ltd; Respondent: Mara-Li Massyn
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 October 2021
Case Number
9530/2021
Procedural Posture
Civil Application / Opposed Motion for Monetary Judgment; Amendment of Claim
Outcome
Application granted; amendment allowed; respondent ordered to repay the amended sum with interest and costs.
Judges
Wille
Legal Topics
Unjust Enrichment, Voidable Dispositions, Liquidation Proceedings, Prescription, Amendment of Claim
Commercial and Corporate Civil Procedure Unjust Enrichment Voidable Dispositions Liquidation Proceedings Prescription Amendment of Claim

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Parties

Lambertus Von Wielligh Bester N O

Applicant

Johnny Basson N O

Applicant

Octox (Pty) Ltd

Applicant

Mara-Li Massyn

Respondent

Procedural Posture

Civil Application / Opposed Motion for Monetary Judgment; Amendment of Claim

Legal Issues

  1. 1 Whether the applicants have locus standi to pursue a money judgment against the respondent.
  2. 2 Whether the respondent was unjustly enriched by payments made by the third applicant.
  3. 3 Whether any portion of the claim has prescribed due to the effluxion of time.

Ratio Decidendi

The applicants, as duly appointed liquidators, have locus standi to pursue the claim. The respondent received payments from the third applicant's bank account without any lawful or valid causa, resulting in unjust enrichment at the expense of the third applicant and its creditors. The respondent's arguments regarding prescription are rejected, as prescription only commenced upon the appointment of the liquidators and the acquisition of knowledge of the relevant facts. The respondent's alleged repayments do not qualify for set-off and must be pursued as concurrent claims against the liquidated estate. The amendment to increase the quantum of the claim is granted, as supported by the...

Court Disposition

Application granted; amendment allowed; respondent ordered to repay the amended sum with interest and costs.

Orders

  • The amendment sought by the applicants is granted.
  • The respondent is ordered to repay to the applicants the sum of R1 195 382,00 within ten days of this order.