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Civil Procedure [2024] ZAWCHC 279

Brandenburg Partners Limited v Honigwachs and Others (14135/2022)

Brandenburg Partners Limited v Honigwachs and Others (14135/2022) [2024] ZAWCHC 279 (25 September 2024)

The court found that the objections raised by the defendants were insufficient to disallow the plaintiff's amendment. All present defendants are within the court's jurisdiction, and issues of forum non conveniens and prescription are triable matters to be determined at trial, not at the amendment stage. The court held that the plaintiff was not required to plead expert evidence on foreign law at this stage, only the relevant duties and breaches under the contracts governed by foreign law. The particulars of claim adequately pleaded the basis for piercing the corporate veil and holding the ind…

  • Amendment Of Pleadings
  • Joinder Of Parties
  • Edictal Citation
  • Piercing Corporate Veil
  • Fiduciary Duties
  • Foreign Law Contracts
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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.