L v L and Another (A9/15)
L v L and Another (A9/15) [2016] ZAFSHC 185 (22 August 2016)
The court found that the first respondent did not have sufficient information to formulate a sustainable cause of action for payment of her share of the appellant's pension benefits. The appellant's obstructive conduct and lack of cooperation, coupled with his assertion that he did not possess the relevant documents, constituted exceptional circumstances justifying deviation from normal discovery procedures. The misnomer in the divorce order regarding the pension fund did not affect the first respondent's entitlement, as it was clear from the facts that the Transnet Retirement Fund was intend…
Source excerpt
- Pension Interest On Divorce
- Discovery Before Litigation
- Exceptional Relief
- Fiduciary Duty Of Fund
- Misnomer In Court Order