South Africa Case Law

Wright v Wright and Another (494/13)

Wright v Wright and Another (494/13) [2014] ZASCA 126; 2015 (1) SA 262 (SCA) (22 September 2014)

Court

Supreme Court of Appeal

Case number

494/13

Judges

Maya, Shongwe, Majiedt, Saldulker, Gorven

The Supreme Court of Appeal held that the appellant failed to provide admissible evidence to support his challenge to the referee's factual findings. The appellant's reliance on his expert's report, without confirmatory affidavits from persons with direct knowledge of the facts, rendered the evidence inadmissible hearsay. The court emphasized that factual findings of a referee appointed under section 19bis are binding unless shown to be unreasonable, irregular, or wrong. The appellant did not meet this threshold, nor did he provide motivated answers or countervailing evidence as required by l…

Source excerpt

• Referee Report
• Partnership Accounting
• Admissible Evidence
• Challenge To Factual Findings
• Motion Proceedings

Oosthuizen v Deetlifs (61253/2012)

Oosthuizen v Deetlifs (61253/2012) [2014] ZAGPPHC 559 (11 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

61253/2012

Judge

Bredenkamp

The court held that a partnership existed and ordered the defendants to render a sworn account with supporting documents before final settlement.

• Partnership Accounting
• Actio Pro Socio
• Fiduciary Duties
• Waiver Of Rights
• Partnership-accounting
• Fiduciary-duties