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L.M.G V J.M.G (124145/2023) [2024] ZAGPPHC 672 (9 July 2024)
The High Court found the respondent in contempt of a Rule 43 interim maintenance order, holding that his non-compliance was willful and mala fide.
Kare Sheet Metal Products (Pty) Ltd v Breytenbach (J1420/17) [2017] ZALCJHB 478; (2018) 39 ILJ 603 (LC) (1 November 2017)
The court found that the respondent was not in willful disobedience of a lawful order, as the order was obtained in his absence and is subject to rescission. The evidence presented by the respondent was uncontested and indicated no deliberate or mala fide non-compliance. The launching of a rescission application suspends the operation of the order, in line with common law principles, and section 18 of the Superior Courts Act does not alter this position. The requirements for a final contempt order were not met, and the application for contempt must fail. The court emphasized that restraint of…
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