Van Der Merwe and Others v Van Wyk Auditors and Others (48149/2021)
Van Der Merwe and Others v Van Wyk Auditors and Others (48149/2021) [2022] ZAGPPHC 522 (18 July 2022)
The court found that the applicants were entitled to the Anton Piller order due to the respondents' persistent non-compliance with two prior court orders and the real risk that vital accounting records would be destroyed or concealed. The order was not sought to preserve evidence for a future claim, but to prevent the Davis J order from being rendered ineffective. The court held that contempt proceedings would not secure the preservation of evidence and that the applicants' right to the documents was established by the prior order. The execution of the Anton Piller order, while not flawless,…
Source excerpt
- Anton Piller Order
- Enforcement Of Court Orders
- Preservation Of Evidence
- Accounting Records Disclosure
- Contempt Of Court
- Attorney And Client Costs