M v M (82156/14) [2017] ZAGPJHC 354 (20 November 2017)

M v M (82156/14) [2017] ZAGPJHC 354 (20 November 2017)

The court held that the appointment of Mr Alan Jordaan as receiver and liquidator was appropriate, as no valid objections regarding his qualifications or impartiality were raised. The receiver and liquidator is empowered to effect the division of the joint estate, locate assets (including abroad), sell assets,...

Source-derived case information.

Citation
[2017] ZAGPJHC 354
Parties
Applicant: M (born K), K; Respondent: M, T
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 November 2017
Case Number
82156/14
Procedural Posture
Family and Children Application / Application for Appointment of Receiver and Liquidator Post Divorce
Outcome
Application granted in part; Mr Alan Jordaan appointed as receiver and liquidator with specified powers. Respondent's counter-application dismissed with costs.
Judges
Thompson
Legal Topics
Matrimonial Property Act, Division of Joint Estate, Powers of Receiver and Liquidator, Adjustment Under Section 15 9, Liquidation and Distribution Account
Family and Children Matrimonial Property Act Division of Joint Estate Powers of Receiver and Liquidator Adjustment Under Section 15 9 Liquidation and Distribution Account

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Parties

M (born K), K

Applicant

M, T

Respondent

Procedural Posture

Family and Children Application / Application for Appointment of Receiver and Liquidator Post Divorce

Legal Issues

  1. 1 Whether the court should appoint a receiver and liquidator to effect division of the joint estate post-divorce.
  2. 2 What powers should be granted to the receiver and liquidator, including the ability to sell assets, collect debts, and locate assets abroad.
  3. 3 Whether the receiver and liquidator may effect an adjustment under section 15(9)(b) of the Matrimonial Property Act.

Ratio Decidendi

The court held that the appointment of Mr Alan Jordaan as receiver and liquidator was appropriate, as no valid objections regarding his qualifications or impartiality were raised. The receiver and liquidator is empowered to effect the division of the joint estate, locate assets (including abroad), sell assets, collect debts, and account for payments made between the parties. However, the receiver and liquidator cannot effect an adjustment under section 15(9)(b) of the Matrimonial Property Act unless such relief is properly pleaded and ordered by the court. Adjustments for dissipation of assets post-divorce are not permitted under section 15(9)(b), as the value of the joint estate is...

Court Disposition

Application granted in part; Mr Alan Jordaan appointed as receiver and liquidator with specified powers. Respondent's counter-application dismissed with costs.

Orders

  • Mr Alan Jordaan is appointed as receiver and liquidator for the joint estate of the parties, effective as of 22 January 2015.
  • The receiver and liquidator shall have the powers set out in paragraphs 2.1 to 2.19 of the order, including locating assets abroad, selling assets, collecting debts, and accounting for payments between the parties.