South Africa Case Law

E.V (born S) v J.H.V and Others (135/2020)

E.V (born S) v J.H.V and Others (135/2020) [2023] ZAECMKHC 41 (28 February 2023)

Court

Eastern Cape High Court, Makhanda

Case number

135/2020

Judge

Laing

The court held that while the accrual claim only vests upon dissolution of the marriage, the applicant is entitled to seek a decree of divorce and orders relating to accrual and trust assets in the same action. The requested particulars regarding the first respondent's financial affairs and trust assets are relevant and strictly necessary for trial preparation, given the nature of the relief sought. The court distinguished prior case law where accrual was not directly in issue and found that full disclosure is required to enable proper trial preparation and avoid prejudice. The respondents' a…

Source excerpt

• Accrual System
• Matrimonial Property Act
• Trial Particulars
• Trust Assets In Divorce
• Disclosure Of Financial Information

DFPT Finance NPC and Another v Vintage Distributors (Pty) Ltd (9095/18)

DFPT Finance NPC and Another v Vintage Distributors (Pty) Ltd (9095/18) [2021] ZAWCHC 242 (23 November 2021)

Court

Western Cape High Court, Cape Town

Case number

9095/18

Judge

Henney

High Court dismissed a bid for trial particulars on statutory levies, holding the defendant must prove its collateral challenge to the levy measures.

• Trial Particulars
• Presumption Of Validity
• Collateral Challenge
• Onus Of Proof
• Statutory Levies
• Trial-particulars

Bester NO and Others v Target Brand Orchards (Pty) Ltd and Others (22593/2019)

Bester NO and Others v Target Brand Orchards (Pty) Ltd and Others (22593/2019) [2020] ZAWCHC 183 (21 December 2020)

Court

Western Cape High Court, Cape Town

Case number

22593/2019

Judge

S Hockey

The High Court dismissed Funky Fruit’s Rule 30 challenge, refused upliftment of the bar and default judgment, and also refused to compel further particulars from Target Brand.

• Joinder Of Defendants
• Voidable Preferences
• Insolvency Act Section 29
• Default Judgment
• Condonation
• Trial Particulars

Dotcom Trading 118 (Pty) Ltd v Hobbs Sinclair Trading (Pty) Ltd (8503/2016)

Dotcom Trading 118 (Pty) Ltd v Hobbs Sinclair Trading (Pty) Ltd (8503/2016) [2016] ZAWCHC 155 (6 September 2016)

Court

Western Cape High Court, Cape Town

Case number

8503/2016

Judge

Davis

The High Court dismissed an application for further trial particulars and documents, finding the requests sought evidence rather than necessary particulars.

• Discovery Affidavit
• Trial Particulars
• Rule 21
• Rule 35
• Punitive Costs
• Exception Procedure

Owners Underwriters And parties who Bear Risk And to the Pontoon Margaret And the Cargo of two Floating Docks And Twelve Barges v Tug Salvatiant Admiralty Action in Rem, In re: Handel and Another v Semco Salvage VI Pty Ltd and Another (AC144/10)

Owners Underwriters And parties who Bear Risk And to the Pontoon Margaret And the Cargo of two Floating Docks And Twelve Barges v Tug Salvatiant Admiralty Action in Rem, In re: Handel and Another v Semco Salvage VI Pty Ltd and Another (AC144/10) [2014] ZAWCHC 210 (4 December 2014)

Court

Western Cape High Court, Cape Town

Case number

AC144/10

Judge

KM Savage

The High Court refused leave to amend admiralty particulars of claim, finding the proposed loss-of-profits amendments lacked sufficient facts for a pure economic loss claim.

• Amendment Of Pleadings
• Admiralty Jurisdiction Regulation Act
• Pure Economic Loss
• Exception Proceedings
• Choice Of Law
• Trial Particulars