Cobbett and Another v Nova Property Group Holdings Limited and Others (61219/2013)
Cobbett and Another v Nova Property Group Holdings Limited and Others (61219/2013) [2014] ZAGPPHC 836 (24 October 2014)
The applicants' response to the rule 35(12) notice, which directed the respondents to websites for document access, was inadequate and did not constitute proper production under the rule. The court held that documents must be produced in a manner that allows for proper identification and inspection. Regarding section 26(2) of the Companies Act, the court declined to make a final pronouncement but indicated a preference for the view that the court retains a discretion to refuse disclosure where the request is for an unlawful purpose, as an absolutist interpretation could lead to injustice and…
Source excerpt
- Discovery In Motion Proceedings
- Companies Act Section 26
- Securities Register Access
- Judicial Discretion
- Rule 35 Discovery