Iffland v Iffland and Another (2724/2006)
Iffland v Iffland and Another (2724/2006) [2006] ZAFSHC 25 (14 September 2006)
The court found that the applicant established a prima facie right to the proceeds of the property sale, either by oral agreement to share the proceeds or by unjust enrichment. The urgency was genuine, as the property was imminently being transferred and the respondent refused to preserve the funds. The applicant had no adequate alternative remedy, as the funds could be dissipated before the main action was resolved. The balance of convenience favoured the applicant, since the respondent would not suffer significant prejudice by having the proceeds held in an interest-bearing account, while t…
Source excerpt
- Interim Interdict
- Division Of Matrimonial Property
- Urgent Application
- Unjust Enrichment
- Rule Nisi
- Freezing Of Sale Proceeds