Pasiya v Paterson and Others (2295/06 , 40/2006) [2006] ZAECHC 42 (4 September 2006)

Pasiya v Paterson and Others (2295/06 , 40/2006) [2006] ZAECHC 42 (4 September 2006)

The applicant failed to establish a prima facie right to the interim interdict. Although some allegations might suggest a right, the documentary evidence and prior sworn statements by the applicant and supporting directors in the judicial management application overwhelmingly support the conclusion that Trendmania 4 (Pty) Ltd is the owner of Bush Bucks Football Club. The applicant's attempts to explain away these documents were unconvincing, contradictory, and in some instances dishonest. The court found that the degree of doubt raised by the respondents' evidence was so serious that interim relief could not be granted. Furthermore, the conduct of the applicant and his legal...

Citation
[2006] ZAECHC 42
Parties
Applicant: Sturu Pasiya; Respondent: Andrew Stuart Paterson NO; Respondent: Garth Merrick Voigt NO; Respondent: Nkosinathi Neo Sobelo NO; Respondent: National Soccer League; Respondent: South Africa Football Association; Respondent: The Master of the High Court, Eastern Cape Division
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
4 September 2006
Case Number
2295/06
Procedural Posture
Urgent Application / Interim Interdict Application Before the High Court
Outcome
Application dismissed with costs on an attorney and client scale, including costs of 8 August 2006 and 17 August 2006. Referral of papers to prosecutorial and professional bodies for investigation.
Judges
C. Plasket
Legal Topics
Interim Interdict, Ownership Dispute, Liquidation Proceedings, Professional Sports Club, Documentary Evidence, Punitive Costs
Civil Procedure Commercial and Corporate Interim Interdict Ownership Dispute Liquidation Proceedings Professional Sports Club Documentary Evidence Punitive Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Sturu Pasiya

Applicant

Andrew Stuart Paterson NO

Respondent

Garth Merrick Voigt NO

Respondent

Nkosinathi Neo Sobelo NO

Respondent

National Soccer League

Respondent

South Africa Football Association

Respondent

The Master of the High Court, Eastern Cape Division

Respondent

Procedural Posture

Urgent Application / Interim Interdict Application Before the High Court

Legal Issues

  1. 1 Whether the applicant has established a prima facie right to an interim interdict preventing the sale of Bush Bucks Football Club pending arbitration on ownership.
  2. 2 Whether Trendmania 4 (Pty) Ltd or Mr Pasiya is the lawful owner of Bush Bucks Football Club.
  3. 3 Whether the conduct of the applicant and his legal representatives warrants a punitive costs order.

Ratio Decidendi

The applicant failed to establish a prima facie right to the interim interdict. Although some allegations might suggest a right, the documentary evidence and prior sworn statements by the applicant and supporting directors in the judicial management application overwhelmingly support the conclusion that Trendmania 4 (Pty) Ltd is the owner of Bush Bucks Football Club. The applicant's attempts to explain away these documents were unconvincing, contradictory, and in some instances dishonest. The court found that the degree of doubt raised by the respondents' evidence was so serious that interim relief could not be granted. Furthermore, the conduct of the applicant and his legal...

Court Disposition

Application dismissed with costs on an attorney and client scale, including costs of 8 August 2006 and 17 August 2006. Referral of papers to prosecutorial and professional bodies for investigation.

Orders

  • The application is dismissed with costs, such costs to be on the scale of attorney and client, and to include the costs of 8 August 2006 and 17 August 2006.
  • The Registrar is directed to furnish copies of the papers in this matter and in the matter of Nkola v Trendmania 4 (Pty) Ltd (case no. 2955/05) to the Director of Public Prosecutions, Eastern Cape, and to the Law Society of the Cape of Good Hope.