Scharrighuisen NO and Others v Scharrighuisen and Others (6837/2020)
Scharrighuisen NO and Others v Scharrighuisen and Others (6837/2020) [2021] ZAWCHC 19 (21 January 2021)
The court found that the subpoena was not premature, irrelevant, or an abuse of process. The documents sought were relevant to the issues in dispute, particularly the plaintiff's claims for maintenance and the nature of the trust assets. Confidentiality did not bar production, and no privilege was claimed. The trust failed to demonstrate any prejudice or that the subpoena was issued for an extraneous purpose. The trust also failed to establish locus standi or a sufficient interest in setting aside the subpoena, especially as the first defendant did not object. The court held that the procedur…
Source excerpt
- Subpoena Setting Aside
- Trust Assets In Divorce
- Maintenance Claims
- Misjoinder
- Confidentiality Of Documents