South Africa Case Law

A.J v J.J and Others (4366/2016)

A.J v J.J and Others (4366/2016) [2020] ZAWCHC 63 (24 June 2020)

Court

Western Cape High Court, Cape Town

Case number

4366/2016

Judge

Slingers

The court held that the phrase 'in his/her power or control' in Rule 35(11) refers to documents physically in a party's possession or to which the party has a legally enforceable right of access. The ability to obtain documents without such a right does not create a legal obligation to disclose. The first respondent, as trustee or director, is obliged to produce documents relating to the trusts and entities where he holds such positions, provided he has the legal right to access them. Where the first respondent's responses were inadequate or failed to definitively ascertain the existence of d…

Source excerpt

• Discovery Of Documents
• Trusts In Divorce
• Rule 35 Application
• Section 7 Divorce Act
• Offshore Assets
• Legal Control Of Documents

Y.B v S.B and Others (8064/2014)

Y.B v S.B and Others (8064/2014) [2015] ZAWCHC 109; 2016 (1) SA 47 (WCC) (13 August 2015)

Court

Western Cape High Court, Cape Town

Case number

8064/2014

Judge

Riley

The court allowed an amendment to plead simulated trust transactions in a divorce accrual claim and dismissed objections that the trustees were misjoined.

• Accrual System
• Trusts In Divorce
• Joinder Of Parties
• Declaratory Relief
• Simulated Transactions
• Divorce-accrual

G v G, In Re: G v G (67/2013)

G v G, In Re: G v G (67/2013) [2015] ZAFSHC 99 (28 May 2015)

Court

Free State High Court, Bloemfontein

Case number

67/2013

Judge

Williams, WR

The court granted joinder of trustees to a divorce counterclaim and allowed amendment of the pleadings to allege the trusts were the respondent’s alter ego.

• Joinder Of Parties
• Amendment Of Pleadings
• Trusts In Divorce
• Counterclaim Procedure
• Joinder-of-parties
• Amendment-of-pleadings

Van Greune NO ans Another v Van Greune In re: Van Greune v Van Greune and Others (57674/2012)

Van Greune NO ans Another v Van Greune In re: Van Greune v Van Greune and Others (57674/2012) [2013] ZAGPPHC 291 (14 October 2013)

Court

North Gauteng High Court, Pretoria

Case number

57674/2012

Judge

Potterill

The High Court upheld an exception to a divorce summons seeking declarations that a trust was the alter ego of a spouse and that its assets formed part of the joint estate.

• Trusts In Divorce
• Piercing Trust Veil
• Fiduciary Duty
• Declaratory Orders
• Trusts-in-divorce
• Piercing-trust-veil

Gasa v Singh NO and Others (13338/2008)

Gasa v Singh NO and Others (13338/2008) [2009] ZAKZDHC 26 (25 June 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

13338/2008

Judge

Skinner AJ

The High Court dismissed an application to exclude Thabela Trust assets from a divorce estate and held that the motion would improperly pre-empt the referee process.

• Referee Appointment
• Trusts In Divorce
• Variation Of Interlocutory Orders
• Disputes Of Fact
• Costs Award
• Trusts-in-divorce