H M v A M (2708/2020) [2020] ZAFSHC 162 (10 September 2020)

H M v A M (2708/2020) [2020] ZAFSHC 162 (10 September 2020)

The applicant failed to provide evidence of the net values of the parties' estates or to demonstrate that her estate showed no accrual or a smaller accrual than the respondent's. She did not quantify the contingent right she sought to protect, nor did she set out the assets and liabilities of both parties. The respondent's conduct did not indicate an intention to dissipate assets to defeat the applicant's claim. The requirements for anti-dissipation relief, including a prima facie right, absence of a bona fide defence, and intention to defeat the claim, were not met. Consequently, the applicant was not entitled to the interim interdict sought.

Citation
[2020] ZAFSHC 162
Parties
Applicant: HLC M; Respondent: A M
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 September 2020
Case Number
2708/2020
Procedural Posture
Urgent Application / Interim Interdict Pending Divorce Proceedings
Outcome
Application dismissed with costs.
Judges
DAFFUE
Legal Topics
Matrimonial Property Act, Accrual System, Interim Interdict, Anti Dissipation, Urgent Relief
Family and Children Civil Procedure Matrimonial Property Act Accrual System Interim Interdict Anti Dissipation Urgent Relief

Case Brief

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Parties

HLC M

Applicant

A M

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Divorce Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict restraining the respondent from disposing of assets pending divorce proceedings.
  2. 2 Whether the applicant has established a contingent right to accrual deserving of protection by interdict.
  3. 3 Whether the requirements for anti-dissipation relief have been met.

Ratio Decidendi

The applicant failed to provide evidence of the net values of the parties' estates or to demonstrate that her estate showed no accrual or a smaller accrual than the respondent's. She did not quantify the contingent right she sought to protect, nor did she set out the assets and liabilities of both parties. The respondent's conduct did not indicate an intention to dissipate assets to defeat the applicant's claim. The requirements for anti-dissipation relief, including a prima facie right, absence of a bona fide defence, and intention to defeat the claim, were not met. Consequently, the applicant was not entitled to the interim interdict sought.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.