South Africa Case Law

Master of the High Court Northern Gauteng High Court, Pretoria v Motala NO and Others (172/11)

Master of the High Court Northern Gauteng High Court, Pretoria v Motala NO and Others (172/11) [2011] ZASCA 238; 2012 (3) SA 325 (SCA) (1 December 2011)

Court

Supreme Court of Appeal

Case number

172/11

Judges

Ponnan, Malan, Wallis

The Supreme Court of Appeal held that the High Court lacked power to appoint judicial managers, so the earlier order was a nullity and contempt could not stand.

• Contempt Of Court
• Judicial Management
• Companies Act 1973
• Appointment Of Judicial Managers
• Nullity Of Court Orders
• Contempt-of-court

Motala NO and Others v ITT Financial Corporation (Pty) and Others (50516/10)

Motala NO and Others v ITT Financial Corporation (Pty) and Others (50516/10) [2010] ZAGPPHC 162 (13 October 2010)

Court

North Gauteng High Court, Pretoria

Case number

50516/10

Judge

Legodi

The court held that the Master and Deputy Master were in contempt of the court order of 5 August 2010 by refusing to issue a certificate of appointment to the second respondent and by appointing additional judicial managers contrary to the order. The argument that the order could be ignored due to alleged nullity for lack of jurisdiction was rejected; court orders must be obeyed until set aside. The withdrawal of the judicial management application was granted, as the respondents were dominus litis and entitled to withdraw, and the applicants' opposition was motivated by their desire to retai…

Source excerpt

• Judicial Management
• Contempt Of Court
• Withdrawal Of Proceedings
• Appointment Of Judicial Managers
• Companies Act
• Bank Account Interdict