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Alberts v Capell and Another (25091/12) [2021] ZAGPJHC 512 (11 June 2021)
The High Court held that a referee’s final and binding report on co-owned properties stood, rejected challenges to the valuation date, and ordered payment and transfer.
Wright v Wright and Another (494/13) [2014] ZASCA 126; 2015 (1) SA 262 (SCA) (22 September 2014)
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…
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