CIVIL PRACTICE – CONTEMPT OF COURT – ONUS AND STANDARD OF PROOF – APPROPRIATE SANCTION FOR CIVIL CONTEMPT – COERCIVE AND PUNITIVE ORDERS. STANDING OF OPPOSING PARTIES. Overberg Fishing Co (Pty) Ltd v Caltop Inv (Pty) Ltd NAHCMD .

This was an application wherein the applicants sought declaratory relief that the court order made by Geier J on 16 July 2020 in terms of section 31(1) of the Arbitration Act 42 of 1965 remains in full force and that the first and fifth respondents are in contempt of court. Neither of these two parties had filed an answering affidavit, and the application proceeded on an unopposed basis.

The second respondent (Merlus) and the third respondent (Caltop Fishing) were joined as potentially interested parties, but no relief was and was sought against them. Merlus and Caltop Fishing (Merlus respondents . . .

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