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Civil Procedure [2014] ZAFSHC 110

Muller v Burger and Others (316/2014)

Muller v Burger and Others (316/2014) [2014] ZAFSHC 110 (7 August 2014)

The court found that the funds deposited in trust with the first respondent originated from the partnership and were intended to be held pending the resolution of disputes regarding partnership accounting and dissolution. The applicant voluntarily transferred the funds to the first respondent, who was acting for the other partners, and did not establish a clear entitlement to immediate payment. The ongoing High Court action regarding partnership accounting remains unresolved, and the applicant is not without remedy, as he can pursue the main action to finality. The court accepted the responde…

  • Trust Money Dispute
  • Partnership Dissolution
  • Costs Order
  • Res Litigiosa
  • Delay In Litigation
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