Tralex Limited v Maloney and Another (823/2015) [2016] ZASCA 128 (27 September 2016)

Tralex Limited v Maloney and Another (823/2015) [2016] ZASCA 128 (27 September 2016)

The Supreme Court of Appeal held that the Gauteng Division, Pretoria had jurisdiction to grant the initial order of attachment ad fundandam et confirmandam jurisdictionem. The agreement underlying the dispute had sufficient connection to the court's area of jurisdiction, as the company whose shares were attached was based in Johannesburg, and relevant contractual performances, including delivery of share certificates and payment of funds, were to occur within the court's jurisdiction. The appellant did not establish, on a balance of probabilities, that it had submitted to the jurisdiction of the court, as the arbitration clause in the agreement only provided for submission to arbitration...

Citation
[2016] ZASCA 128
Parties
Appellant: Travelex Limited; Respondent: Sean Maloney; Respondent: Gillian Maloney
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 2016
Case Number
823/2015
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Mpati, Tshiqi, Mathopo, Schoeman, Fourie
Legal Topics
Rescission of Judgment, Jurisdiction of High Court, Attachment Ad Fundandam Et Confirmandam Jurisdictionem
Civil Procedure Rescission of Judgment Jurisdiction of High Court Attachment Ad Fundandam Et Confirmandam Jurisdictionem

Case Brief

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Parties

Travelex Limited

Appellant

Sean Maloney

Respondent

Gillian Maloney

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the Gauteng Division, Pretoria had jurisdiction to grant the initial order of attachment ad fundandam et confirmandam jurisdictionem.
  2. 2 Whether the appellant submitted to the jurisdiction of the court.
  3. 3 Whether the rescission application was properly brought and whether the initial order was a nullity due to lack of jurisdiction.

Ratio Decidendi

The Supreme Court of Appeal held that the Gauteng Division, Pretoria had jurisdiction to grant the initial order of attachment ad fundandam et confirmandam jurisdictionem. The agreement underlying the dispute had sufficient connection to the court's area of jurisdiction, as the company whose shares were attached was based in Johannesburg, and relevant contractual performances, including delivery of share certificates and payment of funds, were to occur within the court's jurisdiction. The appellant did not establish, on a balance of probabilities, that it had submitted to the jurisdiction of the court, as the arbitration clause in the agreement only provided for submission to arbitration...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include the costs of two counsel.