Hayes v Rheeder and Others (CA&R EL 886/08, ECD 2186/08) [2009] ZAECGHC 84 (26 November 2009)

Hayes v Rheeder and Others (CA&R EL 886/08, ECD 2186/08) [2009] ZAECGHC 84 (26 November 2009)

The court found that the applicant had established a prima facie case for the extension of the interim interdict, given the unresolved dispute over the existence of a partnership and the ownership of the assets. The first respondent's assertion of sole ownership was challenged by evidence of shared membership interests and financial links between the parties. The court declined to grant the applicant's request for all rental and proceeds to be paid into a trust account, finding that such an order would unduly restrict the commercial activities necessary for the maintenance of the property. The court also granted the joinder of the twelfth and thirteenth respondents and postponed the...

Citation
[2009] ZAECGHC 84
Parties
Applicant: Bryan Haynes; Respondent: Kim Rheeder; Respondent: The Registrar of Deeds Eastern Cape; Respondent: Gravett, Schoeman, Van Rensburg & Moodley Inc.; Respondent: Coastal Hubbs CC; Respondent: East Coast Retailers CC; Respondent: Alljazz Liquors CC; Respondent: Umgazana Trading CC; Respondent: Coastal DIY CC; Respondent: The Registrar of Close Corporations; Respondent: Homenet Real Estate; Respondent: Mark Williams; Respondent: Craig Lindhorst; Respondent: Platinum Mile Investments 207 (PTY) LTD trading as Crossways Kwikspar
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
26 November 2009
Case Number
CA&R EL 886/08, ECD 2186/08
Procedural Posture
Civil Interdict Application / Interlocutory Application for Extension of Interim Interdict, Joinder, and Further Relief
Outcome
Interim interdict extended; joinder of twelfth and thirteenth respondents granted; contempt application and costs postponed for later determination; supplementary relief regarding trust account payments declined.
Judges
Revelas
Legal Topics
Interim Interdict, Joinder of Parties, Partnership Dispute, Contempt of Court, Trust Account Payments
Civil Procedure Commercial and Corporate Interim Interdict Joinder of Parties Partnership Dispute Contempt of Court Trust Account Payments

Case Brief

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Parties

Bryan Haynes

Applicant

Kim Rheeder

Respondent

The Registrar of Deeds Eastern Cape

Respondent

Gravett, Schoeman, Van Rensburg & Moodley Inc.

Respondent

Coastal Hubbs CC

Respondent

East Coast Retailers CC

Respondent

Alljazz Liquors CC

Respondent

Umgazana Trading CC

Respondent

Coastal DIY CC

Respondent

The Registrar of Close Corporations

Respondent

Homenet Real Estate

Respondent

Mark Williams

Respondent

Craig Lindhorst

Respondent

Platinum Mile Investments 207 (PTY) LTD trading as Crossways Kwikspar

Respondent

Procedural Posture

Civil Interdict Application / Interlocutory Application for Extension of Interim Interdict, Joinder, and Further Relief

Legal Issues

  1. 1 Whether the interim interdict restraining the first respondent from dealing with certain properties and assets should be extended.
  2. 2 Whether the twelfth and thirteenth respondents should be joined to the main application.
  3. 3 Whether the first respondent should be interdicted from drawing funds against mortgage bonds over the properties.

Ratio Decidendi

The court found that the applicant had established a prima facie case for the extension of the interim interdict, given the unresolved dispute over the existence of a partnership and the ownership of the assets. The first respondent's assertion of sole ownership was challenged by evidence of shared membership interests and financial links between the parties. The court declined to grant the applicant's request for all rental and proceeds to be paid into a trust account, finding that such an order would unduly restrict the commercial activities necessary for the maintenance of the property. The court also granted the joinder of the twelfth and thirteenth respondents and postponed the...

Court Disposition

Interim interdict extended; joinder of twelfth and thirteenth respondents granted; contempt application and costs postponed for later determination; supplementary relief regarding trust account payments declined.

Orders

  • The Rule Nisi granted on 7 November 2008 is extended to 23 February 2010.
  • Respondents are interdicted and restrained from passing transfer of specified properties pending finalisation of the partnership dissolution action.