South Africa Case Law

D.E.T v F.T (158730/2014)

D.E.T v F.T (158730/2014) [2023] ZAGPJHC 836 (27 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

158730/2014

Judge

Yacoob

The Court held that the appointment of a liquidator is not warranted where the dispute between the parties concerns entitlement and distribution proportions, rather than the identification or liquidation of assets. The liquidator's function is administrative and does not extend to resolving substantive disputes over entitlement. Since the parties' disagreement is about what each is entitled to, and not about the mode of liquidation or the existence of assets, the applicant has not made out a case for the appointment of a liquidator. The Court further noted that mediation could be beneficial,…

Source excerpt

• Matrimonial Estate Liquidation
• Appointment Of Liquidator
• Post Divorce Asset Distribution

L v S (A3052/2015)

L v S (A3052/2015) [2015] ZAGPJHC 277 (21 October 2015)

Court

South Gauteng High Court, Johannesburg

Case number

A3052/2015

Judges

A Chaitram, G Wright

The High Court upheld an appeal against the appointment of a receiver and liquidator after divorce, finding the dispute on the papers was unresolved and remitting the matter.

• Division Of Joint Estate
• Appointment Of Receiver
• Post Divorce Asset Distribution
• Oral Settlement Agreement
• Division-of-joint-estate
• Post-divorce-asset-distribution