CADAC Pension Fund and Others v Nash and Others (43585/2019) [2025] ZAGPJHC 386 (16 April 2025)

CADAC Pension Fund and Others v Nash and Others (43585/2019) [2025] ZAGPJHC 386 (16 April 2025)

The court found that the interim interdict was granted to preserve the status quo pending the determination of Mr. Nash's application for final relief. There remains a live controversy regarding the entitlement of putative members to pension benefits versus mere refunds, and the legality of the curators' decision. No material change in circumstances has occurred to render the application for final relief moot or to deprive the interim interdict of its original purpose. The wishes of putative members who may want refunds were not adequately evidenced, and they were not joined to the application. The court retains jurisdiction to vary or discharge the order, but the stringent test for...

Citation
[2025] ZAGPJHC 386
Parties
Applicant: CADAC Pension Fund; Applicant: Antony Louis Mostert NO; Applicant: Johannes Esterhuizen NO; Applicant: Karen Keevy NO; Respondent: Simon John Nash; Respondent: CADAC (Pty) Ltd; Respondent: Antoinette Cronje; Respondent: Iris Schoeman; Respondent: Samantha Mays; Respondent: NMG Administrators (Pty) Ltd; Respondent: Integrity Retirement Fund Administrators (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 April 2025
Case Number
43585/2019
Procedural Posture
Urgent Application / Application to Discharge Interim Interdict
Outcome
Application to discharge the interim interdict is dismissed.
Judges
S D J Wilson
Legal Topics
Interim Interdict, Pension Fund Curatorship, Section 37d Pension Funds Act, Variation of Court Orders, Paid Up Fund Status
Civil Procedure Banking and Finance Interim Interdict Pension Fund Curatorship Section 37d Pension Funds Act Variation of Court Orders Paid Up Fund Status

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

CADAC Pension Fund

Applicant

Antony Louis Mostert NO

Applicant

Johannes Esterhuizen NO

Applicant

Karen Keevy NO

Applicant

Simon John Nash

Respondent

CADAC (Pty) Ltd

Respondent

Antoinette Cronje

Respondent

Iris Schoeman

Respondent

Samantha Mays

Respondent

NMG Administrators (Pty) Ltd

Respondent

Integrity Retirement Fund Administrators (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application to Discharge Interim Interdict

Legal Issues

  1. 1 Whether the interim interdict restraining the Fund from refunding contributions to putative members should be discharged.
  2. 2 Whether there has been a material change in circumstances justifying discharge of the interim interdict.
  3. 3 Whether the court has jurisdiction to vary or discharge the interim interdict granted by the Supreme Court of Appeal.

Ratio Decidendi

The court found that the interim interdict was granted to preserve the status quo pending the determination of Mr. Nash's application for final relief. There remains a live controversy regarding the entitlement of putative members to pension benefits versus mere refunds, and the legality of the curators' decision. No material change in circumstances has occurred to render the application for final relief moot or to deprive the interim interdict of its original purpose. The wishes of putative members who may want refunds were not adequately evidenced, and they were not joined to the application. The court retains jurisdiction to vary or discharge the order, but the stringent test for...

Court Disposition

Application to discharge the interim interdict is dismissed.

Orders

  • The application is dismissed.
  • Costs of the application are to be costs in the cause.