Nash and Another v CADAC Pension Fund and Others; In Re: Nash v CADAC Pension Fund and Others; Cronje and Others v CADAC Pension Fund and Others (43585/2019) [2020] ZAGPJHC 83 (14 May 2020)

Nash and Another v CADAC Pension Fund and Others; In Re: Nash v CADAC Pension Fund and Others; Cronje and Others v CADAC Pension Fund and Others (43585/2019) [2020] ZAGPJHC 83 (14 May 2020)

The court found that two prior orders required Nash to obtain leave before instituting any proceedings against the respondents. Section 5(8)(a) of the Financial Institutions (Protection of Funds) Act did not override these binding orders. Nash's litigation history and the judicial criticism he received justified the continued imposition of judicial oversight. The court held that Nash was required to bring a separate application for leave before instituting the interlocutory application, and his failure to do so rendered the application fatally defective. The intervention application was dismissed as it was premised on the interlocutory application. Costs followed the result, but no...

Citation
[2020] ZAGPJHC 83
Parties
Applicant: Simon John Nash; Applicant: Cadac (Pty) Ltd; Respondent: The Cadac Pension Fund (in curatorship); Respondent: Anton Louis Mostert N.O.; Respondent: Johan Esterhuizen N.O.; Respondent: Karen Keevy N.O.; Respondent: NMG Administration (Pty) Ltd; Applicant: Antoinette Cronje; Applicant: Iris Rose Schoeman; Applicant: Samantha Mays
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 May 2020
Case Number
43585/2019
Procedural Posture
Urgent Application / Interlocutory and Intervention Applications
Outcome
Both the interlocutory and intervention applications are dismissed with costs.
Judges
Francis
Legal Topics
Curatorship Proceedings, Vexatious Litigation, Leave to Institute Proceedings, Pension Fund Management
Civil Procedure Land and Property Curatorship Proceedings Vexatious Litigation Leave to Institute Proceedings Pension Fund Management

Case Brief

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Parties

Simon John Nash

Applicant

Cadac (Pty) Ltd

Applicant

The Cadac Pension Fund (in curatorship)

Respondent

Anton Louis Mostert N.O.

Respondent

Johan Esterhuizen N.O.

Respondent

Karen Keevy N.O.

Respondent

NMG Administration (Pty) Ltd

Respondent

Antoinette Cronje

Applicant

Iris Rose Schoeman

Applicant

Samantha Mays

Applicant

Procedural Posture

Urgent Application / Interlocutory and Intervention Applications

Legal Issues

  1. 1 Whether the first applicant, Simon John Nash, was required to obtain leave of the court before instituting the interlocutory application.
  2. 2 Whether the interlocutory application could be brought without a separate application for leave as required by previous court orders.
  3. 3 Whether the intervention applicants could be joined and granted relief pending determination of the interlocutory application.

Ratio Decidendi

The court found that two prior orders required Nash to obtain leave before instituting any proceedings against the respondents. Section 5(8)(a) of the Financial Institutions (Protection of Funds) Act did not override these binding orders. Nash's litigation history and the judicial criticism he received justified the continued imposition of judicial oversight. The court held that Nash was required to bring a separate application for leave before instituting the interlocutory application, and his failure to do so rendered the application fatally defective. The intervention application was dismissed as it was premised on the interlocutory application. Costs followed the result, but no...

Court Disposition

Both the interlocutory and intervention applications are dismissed with costs.

Orders

  • The interlocutory application is dismissed.
  • The costs of the interlocutory application are to be borne by the first and second applicants jointly and severally, the one paying the other to be absolved.