M v M (82156/14) [2017] ZAGPPHC 1080; 2018 (3) SA 225 (GP) (20 November 2017)

M v M (82156/14) [2017] ZAGPPHC 1080; 2018 (3) SA 225 (GP) (20 November 2017)

The court held that the appointment of Mr Alan Jordaan as receiver and liquidator was appropriate, given his expertise and absence of valid objections regarding his impartiality or competence. The receiver and liquidator is to be vested with powers necessary to effect the division of the joint estate, including investigation, sale of assets, collection of debts, and locating assets abroad, subject to specific cost allocations. The court clarified that adjustments under section 15(9)(b) of the Matrimonial Property Act must be pleaded and determined by the court during divorce proceedings, not by the receiver and liquidator post-divorce. The receiver and liquidator may account for agreed...

Citation
[2017] ZAGPPHC 1080
Parties
Applicant: M (born K), K; Respondent: M, T
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 November 2017
Case Number
82156/14
Procedural Posture
Family Law 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, Arbitration in Divorce, Liquidation and Distribution Account
Family and Children Matrimonial Property Act Division of Joint Estate Powers of Receiver and Liquidator Adjustment Under Section 15 9 Arbitration in Divorce Liquidation and Distribution Account

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Parties

M (born K), K

Applicant

M, T

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the receiver and liquidator should be appointed and who should be appointed.
  2. 2 What powers should be conferred on the receiver and liquidator, including the power 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, given his expertise and absence of valid objections regarding his impartiality or competence. The receiver and liquidator is to be vested with powers necessary to effect the division of the joint estate, including investigation, sale of assets, collection of debts, and locating assets abroad, subject to specific cost allocations. The court clarified that adjustments under section 15(9)(b) of the Matrimonial Property Act must be pleaded and determined by the court during divorce proceedings, not by the receiver and liquidator post-divorce. The receiver and liquidator may account for agreed...

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 not be required to lodge security for his administration of the joint estate.