P A F v S C F (788/2020)
P A F v S C F (788/2020) [2022] ZASCA 101; 2022 (6) SA 162 (SCA) (22 June 2022)
The Supreme Court of Appeal refused the application for special leave to appeal. The court found no exceptional circumstances justifying the admission of further evidence on appeal, as the legal opinion sought to be introduced was not conclusive or decisive. The applicant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, and the full court exercised its discretion judicially in refusing condonation. On the merits, the court held that where a spouse abuses the trust form to reduce the other spouse's accrual claim, the court is empowered under common law to p…
Source excerpt
- Accrual System
- Trust Form Abuse
- Piercing Trust Veneer
- Condonation
- Leave To Lead Further Evidence