Costa v Korte and Another In re: Korte and Another v Mitrewood Products CC and Others (19524/2019) [2022] ZAGPJHC 1037 (16 December 2022)

Costa v Korte and Another In re: Korte and Another v Mitrewood Products CC and Others (19524/2019) [2022] ZAGPJHC 1037 (16 December 2022)

The court found that Mr Korte wilfully and in bad faith disobeyed the court order of 9 October 2019 by entering the premises of the second respondent and removing keys, as he admitted his actions were wrongful and accepted the applicant's version. The requirements for contempt were satisfied: the order existed, Mr Korte had knowledge of it, and he failed to comply. No reasonable doubt was established regarding wilfulness or mala fides. The court held that the counter-application was not properly before it due to non-joinder of Veneering and Nedbank, and postponed it to be heard with the pending winding-up application. The extended interdict sought by the applicant was refused as...

Citation
[2022] ZAGPJHC 1037
Parties
Applicant: Graciano Mesquita Costa; Respondent: Russel Korte; Respondent: Mitrewood Products CC; Appellant: Mitre Veneering CC; Respondent: Nedbank Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 December 2022
Case Number
19524/2019
Procedural Posture
Contempt Application / Judgment After Hearing on Merits
Outcome
The first respondent is found guilty of contempt of the court order dated 9 October 2019. The counter-application is postponed pending proper joinder and consolidation with the winding-up application. The extended interdictory relief sought by the applicant is refused. Costs are awarded against the first respondent...
Judges
Molahlehi
Legal Topics
Contempt of Court, Close Corporation Membership, Joinder, Lis Pendens, Spoliation, Punitive Costs
Civil Procedure Commercial and Corporate Contempt of Court Close Corporation Membership Joinder Lis Pendens Spoliation Punitive Costs

Case Brief

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Parties

Graciano Mesquita Costa

Applicant

Russel Korte

Respondent

Mitrewood Products CC

Respondent

Mitre Veneering CC

Appellant

Nedbank Ltd

Respondent

Procedural Posture

Contempt Application / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether the first respondent is guilty of contempt of the court order dated 9 October 2019.
  2. 2 Whether the counter-application is properly before the court given non-joinder of parties.
  3. 3 Whether the applicant is entitled to extended interdictory relief against the first respondent.

Ratio Decidendi

The court found that Mr Korte wilfully and in bad faith disobeyed the court order of 9 October 2019 by entering the premises of the second respondent and removing keys, as he admitted his actions were wrongful and accepted the applicant's version. The requirements for contempt were satisfied: the order existed, Mr Korte had knowledge of it, and he failed to comply. No reasonable doubt was established regarding wilfulness or mala fides. The court held that the counter-application was not properly before it due to non-joinder of Veneering and Nedbank, and postponed it to be heard with the pending winding-up application. The extended interdict sought by the applicant was refused as...

Court Disposition

The first respondent is found guilty of contempt of the court order dated 9 October 2019. The counter-application is postponed pending proper joinder and consolidation with the winding-up application. The extended interdictory relief sought by the applicant is refused. Costs are awarded against the first respondent...

Orders

  • The late filing of the answering affidavit by Mr Korte is condoned.
  • The counter-application is postponed to be heard with the pending winding-up application under case number 21/51970 with costs.