Meier v Meier (15781/2015) [2021] ZAGPPHC 456 (6 July 2021)

Meier v Meier (15781/2015) [2021] ZAGPPHC 456 (6 July 2021)

The court found that the arbitration proceedings regarding maintenance were invalid under section 2(a) of the Arbitration Act, as matrimonial disputes cannot be resolved by arbitration. The relief sought by Mr Meier to stay or set aside the warrant of execution was dismissed, as the underlying disputes were no longer pending and the amount of arrear maintenance was not in dispute. The sheriff's nulla bona return was accepted as satisfying the requirements for an act of insolvency under section 8(b) of the Insolvency Act, since Mr Meier failed to indicate any disposable property to satisfy the judgment. The court was satisfied that there was reason to believe sequestration would be to the...

Citation
[2021] ZAGPPHC 456
Parties
Applicant: Cornelis Waldo Meier; Respondent: Margo Meier
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
6 July 2021
Case Number
15781/2015
Procedural Posture
Stay Application / Opposed Motion Court; Consolidated Hearing of Stay of Execution and Provisional Sequestration Applications
Outcome
Mr Meier's application to stay or set aside the warrant of execution is dismissed with costs. Mrs Meier's application for provisional sequestration is granted.
Judges
Janse Van Nieuwenhuizen
Legal Topics
Maintenance Arrears, Stay of Execution, Provisional Sequestration, Arbitration Invalidity, Nulla Bona Return
Family and Children Civil Procedure Maintenance Arrears Stay of Execution Provisional Sequestration Arbitration Invalidity Nulla Bona Return

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Parties

Cornelis Waldo Meier

Applicant

Margo Meier

Respondent

Procedural Posture

Stay Application / Opposed Motion Court; Consolidated Hearing of Stay of Execution and Provisional Sequestration Applications

Legal Issues

  1. 1 Whether the arbitration award regarding maintenance is valid under the Arbitration Act.
  2. 2 Whether the warrant of execution against Mr Meier should be set aside or suspended.
  3. 3 Whether Mrs Meier has established grounds for provisional sequestration of Mr Meier's estate under the Insolvency Act.

Ratio Decidendi

The court found that the arbitration proceedings regarding maintenance were invalid under section 2(a) of the Arbitration Act, as matrimonial disputes cannot be resolved by arbitration. The relief sought by Mr Meier to stay or set aside the warrant of execution was dismissed, as the underlying disputes were no longer pending and the amount of arrear maintenance was not in dispute. The sheriff's nulla bona return was accepted as satisfying the requirements for an act of insolvency under section 8(b) of the Insolvency Act, since Mr Meier failed to indicate any disposable property to satisfy the judgment. The court was satisfied that there was reason to believe sequestration would be to the...

Court Disposition

Mr Meier's application to stay or set aside the warrant of execution is dismissed with costs. Mrs Meier's application for provisional sequestration is granted.

Orders

  • The application under case number 15781/2015 is dismissed with costs.
  • The application for the provisional sequestration of the respondent's estate under case number 76643/2019 is granted.