Vos v Fynbosland 304 CC (2864/2016)
Vos v Fynbosland 304 CC (2864/2016) [2017] ZAWCHC 20 (27 February 2017)
The court found that the Savage Order dated 31 May 2016 was clear and unambiguous in binding only the first respondent to payment and performance. There was no basis to read in joint and several liability for the second respondent, nor to amend the order retrospectively. The nature of the order, being for payment of money (ad pecuniam solvendam), rendered it unenforceable by way of contempt proceedings. The first respondent was no longer before the court due to liquidation, and no grounds existed to hold the second respondent personally liable. Accordingly, the application for contempt was di…
Source excerpt
- Contempt Of Court
- Enforcement Of Court Orders
- Pecuniam Solvendam
- Corporate Veil
- Housing Consumers Protection Measures Act