Fernandes v Niel N.O. and Others (8923/2021)
Fernandes v Niel N.O. and Others (8923/2021) [2022] ZAGPPHC 493 (15 July 2022)
The court found that the Applicant failed to demonstrate actual bias or a reasonable apprehension of bias on the part of the First Respondent. The use of terms such as 'suspicions' and 'money laundering' by the First Respondent was contextual and did not indicate a foregone conclusion or partiality. The First Respondent withdrew the term 'money laundering' and explained its use, which the court found satisfactory. The Applicant and his attorney did not object to the summons or the proceedings until after substantive questioning had commenced, missing opportunities to challenge the process. Th…
Source excerpt
- Recusal Of Commissioner
- Reasonable Apprehension Of Bias
- Fit And Proper Test
- Punitive Costs
- Companies Act Enquiry