Pretorius v Wessels and Others (1064/08)
Pretorius v Wessels and Others (1064/08) [2008] ZANWHC 2 (12 June 2008)
The applicant failed to prove, on a balance of probabilities, that the respondents were disposing of assets with the intention of frustrating his claim. The respondents provided credible undertakings not to dispose of the remaining farms and demonstrated that sufficient assets remained to satisfy any judgment. The sales in question were bona fide, at market value, and not to related parties. The applicant's fears were not substantiated by evidence, and the court found no mala fide conduct. Accordingly, the interim interdict was not confirmed and was discharged.
Source excerpt
- Interim Interdict
- Dissipation Of Assets
- Quantification Of Damages
- Mala Fide Disposal
- Security For Judgment