South Africa Case Law

D.K.M v S.L (2014/9152)

D.K.M v S.L (2014/9152) [2023] ZAGPJHC 1135 (9 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2014/9152

Judge

S Yacoob

The court found that the first respondent had not satisfactorily carried out his fiduciary duties as referee/liquidator under the settlement agreement. Despite multiple opportunities to explain his conduct, the first respondent failed to provide a proper basis for his actions, particularly regarding advance payments, asset investigations, and preparation of accounts. The court concluded that the first respondent's mandate was completed, making removal unnecessary, but held him liable for costs due to his unsatisfactory performance and lack of diligence. The court further disallowed the first…

Source excerpt

• Fiduciary Duties Of Liquidator
• Accrual System Divorce
• Costs Order
• Settlement Agreement Interpretation

C.E.B v C.T.W.B and Others (2021/7796)

C.E.B v C.T.W.B and Others (2021/7796) [2023] ZAGPJHC 971 (30 August 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2021/7796

Judge

Moorcroft

The High Court struck an urgent anti-dissipation application from the roll, finding the applicant delayed too long after learning the relevant facts.

• Rule 6 12 Urgency
• Anti Dissipation Interdict
• Accrual System Divorce
• Trust Retention Of Sale Proceeds
• Rule-6-12-urgency
• Anti-dissipation-interdict

J.A.N v N.C.N (2283/2021)

J.A.N v N.C.N (2283/2021) [2022] ZAECMKHC 47 (10 August 2022)

Court

Eastern Cape High Court, Makhanda

Case number

2283/2021

Judge

Govindjee

The court held that the application for leave to appeal must fail as there are no reasonable prospects of success. The Plascon-Evans rule was correctly applied, as the relief sought was final and genuine disputes of fact existed on the papers. The authorities cited, including Slabbert and Storti, support the application of the rule in rescission proceedings involving consent orders. The applicant failed to establish a common mistake or lack of informed consent sufficient to justify rescission. The principles of finality and sanctity of judgments were properly emphasised, and no legal basis wa…

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• Rescission Of Judgment
• Consent Order
• Accrual System Divorce
• Plascon Evans Rule
• Good Cause
• Iustus Error

T B v L B In Re L B v Aurum Properties CC and Another (36874/19)

T B v L B In Re L B v Aurum Properties CC and Another (36874/19) [2020] ZAGPJHC 320 (8 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

36874/19

Judge

Maier-Frawley

The court found that the interests of justice required condonation for the late filing of the counter-application and that both the main liquidation application and the counter-application should be postponed to allow for proper ventilation of the disputes. The second respondent's failure to comply with practice directives and file heads of argument necessitated postponement, but the applicant's prejudice would be mitigated by procedural orders ensuring expeditious future hearing. The court held that the divorce proceedings would not resolve the management impasse in Aurum Properties CC, and…

Source excerpt

• Close Corporations Act
• Liquidation Of Solvent Entity
• Just And Equitable Winding Up
• Postponement Of Proceedings
• Accrual System Divorce
• Member Buy Out