Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others (191905/20) [2020] ZAGPJHC 311 (10 September 2020)

Bassani Mining (Pty) Ltd v Sebosat (Pty) Ltd and Others (191905/20) [2020] ZAGPJHC 311 (10 September 2020)

The court found that there are reasonable prospects that another court may conclude that a lower threshold should have been applied for granting an anti-dissipation interdict, particularly where mala fide conduct is alleged and the effect of the respondents' actions would be to leave the applicant with a hollow...

Source-derived case information.

Citation
[2020] ZAGPJHC 311
Parties
Applicant: Bassani Mining (Pty) Ltd; Respondent: Sebosat (Pty) Ltd; Respondent: Mashala Resources (Pty) Ltd; Respondent: Herman, Kurt; Respondent: Anderson, Andrea Avril
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 September 2020
Case Number
191905/20
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Refusal of Urgent Interim Relief (anti Dissipation Interdict)
Outcome
Leave to appeal granted to the Supreme Court of Appeal.
Judges
U Bhoola
Legal Topics
Anti Dissipation Interdict, Leave to Appeal, Urgent Interdict, Corporate Structuring, Fraud, Asset Preservation
Civil Procedure Commercial and Corporate Anti Dissipation Interdict Leave to Appeal Urgent Interdict Corporate Structuring Fraud Asset Preservation

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Parties

Bassani Mining (Pty) Ltd

Applicant

Sebosat (Pty) Ltd

Respondent

Mashala Resources (Pty) Ltd

Respondent

Herman, Kurt

Respondent

Anderson, Andrea Avril

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Refusal of Urgent Interim Relief (anti Dissipation Interdict)

Legal Issues

  1. 1 Whether the court erred in applying the test for anti-dissipation interdict as requiring intention to thwart the applicant's claim.
  2. 2 Whether a lower threshold applies where conduct would leave the applicant with a hollow judgment.
  3. 3 Whether the court erred in limiting relief to coal mined by Bassani.

Ratio Decidendi

The court found that there are reasonable prospects that another court may conclude that a lower threshold should have been applied for granting an anti-dissipation interdict, particularly where mala fide conduct is alleged and the effect of the respondents' actions would be to leave the applicant with a hollow judgment. The court was persuaded that the issue of whether intention is required in 'exceptional circumstances' has not been definitively settled by the Supreme Court of Appeal and that the applicant's grounds of appeal, both factual and legal, merit consideration by a higher court. The court also determined that the appeal is not moot, as the relief sought could have practical...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal.
  • The costs of this application are to be costs in the appeal.