South Africa Case Law

Xiamen Fuxia Import and Export Co Ltd and Another v Million Rise Trading (Pty) Ltd and Others (5614/2020)

Xiamen Fuxia Import and Export Co Ltd and Another v Million Rise Trading (Pty) Ltd and Others (5614/2020) [2025] ZAWCHC 33 (7 February 2025)

Court

Western Cape High Court, Cape Town

Case number

5614/2020

Judge

Mangcu-Lockwood

The applicants failed to establish, beyond reasonable doubt, that the third respondent was in contempt of the May and July 2020 court orders. The evidence did not prove that the third respondent caused Golden Tropic to apply for a mining right, nor that he relinquished possession of mining products or equipment in breach of the orders. The applicants' allegations regarding control over Golden Tropic and use of equipment were speculative and unsupported. Regarding documentation, although the third respondent did not comply timeously, there was insufficient evidence of wilfulness or mala fides,…

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• Contempt Of Court
• Interdict
• Mining Rights
• Anti Dissipation Order
• Arbitration Award Enforcement

Moloisane v Government Employees Pension Fund and Others (108955/2024)

Moloisane v Government Employees Pension Fund and Others (108955/2024) [2024] ZAGPPHC 1147 (12 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

108955/2024

Judge

K Strydom

The court found that the applicant, married in community of property to the second respondent, established a prima facie right to 50% of the pension fund interest upon division of the joint estate. The second respondent's vague and evasive responses regarding his employment status and pension fund details, coupled with a prior attempt to sell the matrimonial home without the applicant's knowledge, created a reasonable apprehension of dissipation of assets. The applicant demonstrated urgency and irreparable harm, as payment of the pension benefit prior to divorce would frustrate her claim. The…

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• Anti Dissipation Order
• Interim Interdict
• Pension Fund Interest
• Marriage In Community Of Property
• Urgent Application
• Division Of Joint Estate

Steenkamp and Another v Du Preez (Leave to Appeal) (388/2024)

Steenkamp and Another v Du Preez (Leave to Appeal) (388/2024) [2024] ZANCHC 99 (4 October 2024)

Court

Northern Cape High Court, Kimberley

Case number

388/2024

Judge

Tyuthuza

Leave to appeal was refused against both an interim anti-dissipation order and a contempt order. The court found no reasonable prospects of success and awarded punitive costs.

• Leave To Appeal
• Anti Dissipation Order
• Contempt Of Court
• Interim Interdict
• Costs Award
• Leave-to-appeal

De Filippo v Micillo (Reasons) (11709/2017)

De Filippo v Micillo (Reasons) (11709/2017) [2024] ZAWCHC 289 (23 September 2024)

Court

Western Cape High Court, Cape Town

Case number

11709/2017

Judge

P. S. Van Zyl

The court found oral agreements about two Cape Town properties, ordered payment of sale proceeds and transfer steps, and granted costs against the defendant.

• Oral Contracts
• Alienation Of Land Act
• Default Judgment
• Anti Dissipation Order
• Burden Of Proof
• Admissibility Of Affidavit Evidence

A.T (born M) v S.C.T and Another (EL766/2024)

A.T (born M) v S.C.T and Another (EL766/2024) [2024] ZAECELLC 18 (10 May 2024)

Court

Eastern Cape High Court, East London Local Court

Case number

EL766/2024

Judge

A.S Zono

Urgent application for an interim anti-dissipation interdict over pension benefits dismissed for lack of urgency and failure to prove irreparable harm.

• Interim Interdict
• Anti Dissipation Order
• Urgency
• Irreparable Harm
• Satisfactory Remedy
• Urgent-application

Wessels v Capitec Bank Limited and Others (2024/030523)

Wessels v Capitec Bank Limited and Others (2024/030523) [2024] ZAGPPHC 390 (22 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/030523

Judge

Labuschagne

The applicant failed to establish a prima facie right to the anti-dissipation interdict sought. While the third respondent, as a cryptocurrency trader, had statutory obligations under FICA to verify client identity and report suspicious transactions, his failure to do so and indifference to the applicant's loss do not, in themselves, prove an intention to dissipate assets to frustrate her claim. The evidence does not support a finding that the third respondent is dealing with his assets with the requisite intention. In the absence of such evidence, the requirements for an interim interdict ar…

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• Interim Interdict
• Anti Dissipation Order
• Cryptocurrency Trading
• Financial Intelligence Centre Act
• Money Laundering
• Condictio Furtiva

Sheriff of the High Court, Giyani v Makhubele - Appeal (HCAA15/2023)

Sheriff of the High Court, Giyani v Makhubele - Appeal (HCAA15/2023) [2023] ZALMPPHC 109 (26 October 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA15/2023

Judges

GC Muller, MV Semenya, K Pillay

The court found that the August order granted by the court a quo was not competent under section 18 of the Superior Courts Act, as it did not address the suspension or putting into operation of the July order as contemplated by the statute. The learned judge was functus officio and restricted to determining whether the July order should be put into effect or not. The applicant failed to prove exceptional circumstances or that irreparable harm would result if the July order was not put into operation. The respondent, as an officer of the court, had provided adequate security for the proceeds b…

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• Superior Courts Act Section 18
• Automatic Suspension Of Orders
• Exceptional Circumstances
• Anti Dissipation Order

Drilltec (Proprietary) Limited v E and M Tshwragano Joint Venture (Proprietary) Limited and Another (UM157/2023)

Drilltec (Proprietary) Limited v E and M Tshwragano Joint Venture (Proprietary) Limited and Another (UM157/2023) [2023] ZANWHC 220 (31 July 2023)

Court

North West High Court, Mafikeng

Case number

UM157/2023

Judge

FMM Reid

Urgent final interdict granted to recover money mistakenly paid to the wrong company, with the bank authorised to reverse the transfer if needed.

• Final Interdict
• Erroneous Payment
• Unjust Enrichment
• Urgent Relief
• Anti Dissipation Order
• Final-interdict

Lendtech Investment Holdings Private Limited v IMS Tech Corp Limited and Others (2023-025384)

Lendtech Investment Holdings Private Limited v IMS Tech Corp Limited and Others (2023-025384) [2023] ZAGPJHC 633 (6 June 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023-025384

Judge

GC Wright

The High Court set aside ex parte attachment and anti-dissipation orders, finding the relief overbroad, vague, and unsupported by the evidence.

• Anti Dissipation Order
• Attachment To Found Jurisdiction
• Software Licensing Dispute
• Interdict Requirements
• Bank Account Attachment
• Data Protection

Simotech (Pty) Ltd and Another v Bean (2608/2021)

Simotech (Pty) Ltd and Another v Bean (2608/2021) [2023] ZAMPMHC 20 (6 June 2023)

Court

Middelburg High Court, Mpumalanga

Case number

2608/2021

Judge

Vukeya

The High Court allowed an amendment to a notice of motion, granted a strike-out application, and dismissed a preservation/anti-dissipation application with costs.

• Amendment Of Notice Of Motion
• Interim Interdict
• Anti Dissipation Order
• Preservation Of Funds
• Locus Standi
• Strike Out Application