Cratos Capital (Pty) Ltd v Zimri Investments CC and Another (20968/2021)
Cratos Capital (Pty) Ltd v Zimri Investments CC and Another (20968/2021) [2022] ZAWCHC 87 (24 May 2022)
The court found that the applicant failed to comply with the specificity requirement for Anton Piller relief. The description of documents subject to seizure was excessively broad, not limited to relevant trading activities, and delegated determination of relevance to members of the search party, which is impermissible. The applicant did not demonstrate that the order was strictly necessary, as much of the evidence sought was already available or could be obtained through conventional means such as subpoenas. The court held that the procedural safeguards inherent in Anton Piller orders were n…
Source excerpt
- Anton Piller Order
- Specificity Requirement
- Ex Parte Applications
- Derivatives Trading
- Margin Calls
- Corporate Veil Piercing