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South Africa Case Law

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Family And Children [2016] ZAFSHC 163

Labuschagne v Labuschagne and Others (A9.2015)

Labuschagne v Labuschagne and Others (A9.2015) [2016] ZAFSHC 163 (22 September 2016)

Court
Free State High Court, Bloemfontein
Case number
A9/15
Judges
Van Zyl, Rampai, Chesiwe

The court found that the first respondent did not have sufficient information to formulate a sustainable cause of action for payment of her share of the appellant's pension benefits. The appellant's obstructive conduct and lack of cooperation, coupled with the failure of the second respondent to provide information, constituted exceptional circumstances justifying deviation from normal discovery procedures. The misnomer in the divorce order regarding the pension fund was deemed a patent error and did not affect the first respondent's entitlement, as the appellant was a member of the Transnet…

Source excerpt

  • Pension Interest Division
  • Discovery Before Action
  • Exceptional Relief
  • Divorce Order Enforcement
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Family And Children [2016] ZAFSHC 185

L v L and Another (A9/15)

L v L and Another (A9/15) [2016] ZAFSHC 185 (22 August 2016)

Court
Free State High Court, Bloemfontein
Case number
A9/15
Judges
Van Zyl, Rampai, Chesiwe

The court found that the first respondent did not have sufficient information to formulate a sustainable cause of action for payment of her share of the appellant's pension benefits. The appellant's obstructive conduct and lack of cooperation, coupled with his assertion that he did not possess the relevant documents, constituted exceptional circumstances justifying deviation from normal discovery procedures. The misnomer in the divorce order regarding the pension fund did not affect the first respondent's entitlement, as it was clear from the facts that the Transnet Retirement Fund was intend…

Source excerpt

  • Pension Interest On Divorce
  • Discovery Before Litigation
  • Exceptional Relief
  • Fiduciary Duty Of Fund
  • Misnomer In Court Order
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.