P A F v S C F (788/2020) [2022] ZASCA 101; 2022 (6) SA 162 (SCA) (22 June 2022)

P A F v S C F (788/2020) [2022] ZASCA 101; 2022 (6) SA 162 (SCA) (22 June 2022)

The Supreme Court of Appeal refused the application for special leave to appeal. The court found no exceptional circumstances justifying the admission of further evidence on appeal, as the legal opinion sought to be introduced was not conclusive or decisive. The applicant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, and the full court exercised its discretion judicially in refusing condonation. On the merits, the court held that where a spouse abuses the trust form to reduce the other spouse's accrual claim, the court is empowered under common law to pierce the trust veneer and include the value of the donation in the accrual calculation. The...

Citation
[2022] ZASCA 101
Parties
Applicant: P A F; Respondent: S C F
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 June 2022
Case Number
788/2020
Procedural Posture
Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After Refusal by the Full Court of the Kwa Zulu Natal Division of the High Court.
Outcome
Application for special leave to appeal refused with costs, including costs of two counsel where so employed.
Judges
Dambuza, Molemela, Makgoka, Makaula, Weiner
Legal Topics
Accrual System, Trust Form Abuse, Piercing Trust Veneer, Condonation, Leave to Lead Further Evidence
Family and Children Civil Procedure Accrual System Trust Form Abuse Piercing Trust Veneer Condonation Leave to Lead Further Evidence

Case Brief

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Parties

P A F

Applicant

S C F

Respondent

Procedural Posture

Leave to Appeal / Application for Special Leave to Appeal to the Supreme Court of Appeal After Refusal by the Full Court of the Kwa Zulu Natal Division of the High Court.

Legal Issues

  1. 1 Whether the value of assets donated to a trust by a spouse should be considered part of that spouse's estate for accrual calculation upon divorce.
  2. 2 Whether the applicant should be granted leave to adduce further evidence on appeal.
  3. 3 Whether condonation for late prosecution of the appeal should be granted.

Ratio Decidendi

The Supreme Court of Appeal refused the application for special leave to appeal. The court found no exceptional circumstances justifying the admission of further evidence on appeal, as the legal opinion sought to be introduced was not conclusive or decisive. The applicant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, and the full court exercised its discretion judicially in refusing condonation. On the merits, the court held that where a spouse abuses the trust form to reduce the other spouse's accrual claim, the court is empowered under common law to pierce the trust veneer and include the value of the donation in the accrual calculation. The...

Court Disposition

Application for special leave to appeal refused with costs, including costs of two counsel where so employed.

Orders

  • The application for special leave to appeal is refused with costs, including costs of two counsel, where so employed.