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Civil Procedure [2023] ZAGPJHC 100

Hansen + Genwest (Pty) Ltd v Corporate Selection Umbrella and Others (2023-002990)

Hansen + Genwest (Pty) Ltd v Corporate Selection Umbrella and Others (2023-002990) [2023] ZAGPJHC 100 (6 February 2023)

The court held that the applicant established a prima facie right to have a portion of the third respondent's pension benefit withheld, as the pleaded conduct involved dishonest assistance to a competitor, falling within the scope of section 37D(1)(b)(ii) of the Pension Funds Act. However, the applicant failed to show entitlement to the full amount claimed, as the evidence only supported involvement in three of the six alleged diverted transactions, and the degree of fault was limited. Applying the apportionment principle, the court found it unlikely that the third respondent would be held li…

  • Pension Fund Withholding
  • Interim Interdict
  • Fiduciary Duties
  • Apportionment Of Damages
  • Misconduct With Element Of Dishonesty
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