Oliphant v Jonck (09/21910) [2016] ZAGPJHC 76 (30 March 2016)

Oliphant v Jonck (09/21910) [2016] ZAGPJHC 76 (30 March 2016)

The court found that the applicant had satisfied the requirements for a civil committal order for contempt of court: the terms of the order were clear, the respondent had knowledge of the order, and failed to comply. The respondent's defences of mistake of law and impossibility of performance were rejected. The respondent's ignorance was not bona fide, as he failed to take reasonable steps to inform himself of the proceedings and outcome, nor did he seek legal advice. The impossibility defence was invalid because the respondent was contractually responsible for maintaining the financial records and his failure to do so was his own fault. The respondent's conduct was found to be wilful and...

Citation
[2016] ZAGPJHC 76
Parties
Applicant: Gideon Jacobus Oliphant; Respondent: Mauritz Jonck
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 March 2016
Case Number
09/21910
Procedural Posture
Civil Application / Application for Civil Committal Order for Contempt of Court
Outcome
The respondent is declared to be in contempt of the court order dated 18 May 2010. He is granted ten days to purge the contempt, failing which further sanctions may be imposed. The respondent is ordered to pay the costs of the application.
Judges
Mosikatsana
Legal Topics
Contempt of Court, Rule 35 Discovery, Wilful Non Compliance, Impossibility of Performance
Civil Procedure Contempt of Court Rule 35 Discovery Wilful Non Compliance Impossibility of Performance

Case Brief

Summary, issues, holding and outcome

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Parties

Gideon Jacobus Oliphant

Applicant

Mauritz Jonck

Respondent

Procedural Posture

Civil Application / Application for Civil Committal Order for Contempt of Court

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order dated 18 May 2010 for failing to produce specified documents under oath.
  2. 2 Whether the respondent's non-compliance was wilful and in bad faith.
  3. 3 Whether the respondent's defences of mistake of law and impossibility of performance are valid.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for a civil committal order for contempt of court: the terms of the order were clear, the respondent had knowledge of the order, and failed to comply. The respondent's defences of mistake of law and impossibility of performance were rejected. The respondent's ignorance was not bona fide, as he failed to take reasonable steps to inform himself of the proceedings and outcome, nor did he seek legal advice. The impossibility defence was invalid because the respondent was contractually responsible for maintaining the financial records and his failure to do so was his own fault. The respondent's conduct was found to be wilful and...

Court Disposition

The respondent is declared to be in contempt of the court order dated 18 May 2010. He is granted ten days to purge the contempt, failing which further sanctions may be imposed. The respondent is ordered to pay the costs of the application.

Orders

  • It is declared that the respondent is in contempt of the court order dated 18 May 2010 regarding production of specified documents under oath.
  • The respondent is granted ten days from the date of judgment to purge the contempt.