Rees and Others v Harris and Others (A5070/10) [2011] ZAGPJHC 237; 2012 (1) SA 583 (GSJ) (10 November 2011)

Rees and Others v Harris and Others (A5070/10) [2011] ZAGPJHC 237; 2012 (1) SA 583 (GSJ) (10 November 2011)

The court held that Harris established a prima facie case for the attachment of Rees's assets, specifically the two Investec bank accounts, to found and/or confirm jurisdiction. However, Harris failed to provide primary facts or direct evidence showing that the Aljebami trust was the alter ego of Rees or that its assets belonged to him personally. The inferences drawn by Harris were unsupported by objective facts and amounted to speculation. The evidentiary burden for confirming attachment of trust assets was not met on a balance of probabilities. Consequently, the attachment of the bank accounts was confirmed, but the attachment of the Aljebami trust assets was discharged.

Citation
[2011] ZAGPJHC 237
Parties
Appellant: Dean Gillian Rees; Appellant: Dean Gillian Rees N.O.; Appellant: Dominique Rees N.O.; Appellant: Suscito Investments (Pty) Ltd; Appellant: Centaur Properties (Pty) Ltd; Appellant: Abated Investments (Pty) Ltd; Respondent: Christopher Vause Harris; Respondent: Christopher Vause Harris N.O.; Respondent: Anne Elizabeth Ross N.O.; Respondent: Jennifer Anne Westoby N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 November 2011
Case Number
A5070/10
Procedural Posture
Civil Appeal / Appeal Against the Whole Judgment and Order of the Court a Quo, Specifically Concerning the Confirmation of an Attachment Order Ad Fundandam/ad Confirmandam Jurisdictionem.
Outcome
Appeal partially successful: attachment of Investec bank accounts confirmed; attachment of Aljebami trust assets discharged; first appellant to pay costs including costs of two counsel.
Judges
Saldulker, Mayat
Legal Topics
Attachment Ad Fundandam Jurisdictionem, Piercing Corporate Veil, Trusts as Alter Ego, Burden of Proof, Prima Facie Case
Civil Procedure Commercial and Corporate Attachment Ad Fundandam Jurisdictionem Piercing Corporate Veil Trusts as Alter Ego Burden of Proof Prima Facie Case

Case Brief

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Parties

Dean Gillian Rees

Appellant

Dean Gillian Rees N.O.

Appellant

Dominique Rees N.O.

Appellant

Suscito Investments (Pty) Ltd

Appellant

Centaur Properties (Pty) Ltd

Appellant

Abated Investments (Pty) Ltd

Appellant

Christopher Vause Harris

Respondent

Christopher Vause Harris N.O.

Respondent

Anne Elizabeth Ross N.O.

Respondent

Jennifer Anne Westoby N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal Against the Whole Judgment and Order of the Court a Quo, Specifically Concerning the Confirmation of an Attachment Order Ad Fundandam/ad Confirmandam Jurisdictionem.

Legal Issues

  1. 1 Whether the court a quo erred in confirming the attachment order of assets in favour of Harris against Rees.
  2. 2 Whether the court a quo erred in confirming the attachment of assets belonging to the Aljebami trust on the basis that the trust was the alter ego of Rees.

Ratio Decidendi

The court held that Harris established a prima facie case for the attachment of Rees's assets, specifically the two Investec bank accounts, to found and/or confirm jurisdiction. However, Harris failed to provide primary facts or direct evidence showing that the Aljebami trust was the alter ego of Rees or that its assets belonged to him personally. The inferences drawn by Harris were unsupported by objective facts and amounted to speculation. The evidentiary burden for confirming attachment of trust assets was not met on a balance of probabilities. Consequently, the attachment of the bank accounts was confirmed, but the attachment of the Aljebami trust assets was discharged.

Court Disposition

Appeal partially successful: attachment of Investec bank accounts confirmed; attachment of Aljebami trust assets discharged; first appellant to pay costs including costs of two counsel.

Orders

  • The appeal against the attachment of the monies held in the two Investec bank accounts is dismissed and the attachment relating thereto is confirmed.
  • The appeal in relation to the attachment of the Aljebami trust and its assets is upheld, and the attachment relating thereto is discharged.