CIVIL LAW, PRACTICE, AND PROCEDURE – SUMMARY JUDGMENT – RULE 60(2) – BONA FIDE DEFENCE – MUST SHOW THAT THE DEFENCE WAS MERELY A DELAY TACTIC; RULE 32(9) – PROPER ENGAGEMENT REQUIRED. Seelenbinder v Fischer Seelenbinder Associates CC NAHCMD NC (1 September 2023)

Facts

In case number A 217/2015, Fischer brought an application seeking an order that in terms of an agreement between Fischer and Seelenbinder, Fischer could request Seelenbinder to retire whereupon Seelenbinder would then have to retire. Fischer also sought an order that in terms of an agreement between Fischer and Seelenbinder, Fischer would not have to pay Seelenbinder any value for his 50% member’s interest in the CC upon retirement. Ueitele J held that Fischer could request Seelenbinder to retire but had to pay Seelenbinder the value of his 50% member’s interest which Ueitele J ordered had . . .

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