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South Africa Case Law

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Civil Procedure [2020] ZAWCHC 63

A.J v J.J and Others (4366/2016)

A.J v J.J and Others (4366/2016) [2020] ZAWCHC 63 (24 June 2020)

Court
Western Cape High Court, Cape Town
Case number
4366/2016
Judge
Slingers

The court held that the phrase 'in his/her power or control' in Rule 35(11) refers to documents physically in a party's possession or to which the party has a legally enforceable right of access. The ability to obtain documents without such a right does not create a legal obligation to disclose. The first respondent, as trustee or director, is obliged to produce documents relating to the trusts and entities where he holds such positions, provided he has the legal right to access them. Where the first respondent's responses were inadequate or failed to definitively ascertain the existence of d…

Source excerpt

  • Discovery Of Documents
  • Trusts In Divorce
  • Rule 35 Application
  • Section 7 Divorce Act
  • Offshore Assets
  • Legal Control Of Documents
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Family And Children [2005] ZAWCHC 123

Pienaar v Pienaar and Another (8713/2003)

Pienaar v Pienaar and Another (8713/2003) [2005] ZAWCHC 123 (1 January 2005)

Court
Western Cape High Court, Cape Town
Case number
8713/2003
Judge
Louw

The court found that the plaintiff is entitled to maintenance due to her limited earning capacity, chronic bipolar disorder, and the standard of living enjoyed during the marriage. The defendant's ability to pay maintenance was not to be judged solely on his current income as lessor, given his control over the farm and trust assets. The court held that the assets of the C de V Pienaar Trust should be deemed part of the defendant's estate for purposes of section 7(3) of the Divorce Act, given the nature of the trust and the defendant's control. The plaintiff's contributions to the farm and fam…

Source excerpt

  • Maintenance Order
  • Redistribution Order
  • Trust Assets In Divorce
  • Section 7 Divorce Act
  • Joint Custody
  • Clean Break Principle
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.