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