29/06/2025 Bertus Preller Motion Proceedings, Plascon Evans Rule, Procedure, Viva Voce Evidence Motion Proceedings binding agreement dispute, Business Partners case, case law oral contracts, civil procedure South Africa, company credit card misuse, company director dispute, director resignation, divorce and business, Durban High Court 2025, family-owned business, High Court oral evidence referral, legal disputes in marriage, legal interpretation emails, Litigation Strategy, misleading correspondence, motion proceedings, oral agreement, oral contract litigation, Plascon-Evans, shareholder dispute, Shelley Beach legal dispute, smoking gun emails, South African company law, South Coast Mall businesses, Uniform Rule 6(5)(g), W.M.T v M.T case, WhatsApp evidence, World Focus 754 CC, ZAKZDHC 19 2025 Oral Agreement or Illusion? W.M.T v M[…].T[…] .9… Ltd and Others (D6021/2023) [2025] ZAKZDHC 19 (7 May 2025): A Lesson in Motion Proceedings Gone Awry. The Factual Matrix: A Collapsing Marriage, Business Tensions, and Alleged Oral Agreements At the heart of the dispute in W.M.T v M.T .9 (Pty) Ltd and Others (D6021/2023) ZAKZDHC 19… READ MORE
30/10/2024 Bertus Preller Best Interests of the Child, Children, Maintenance, Paternity Fraud best interests of child, biological father, child maintenance, child rights, child support, child welfare, children's act, condictio indebiti, Constitutional Rights, court order, DNA evidence, DNA testing, enrichment claims, family bonds, Family Court, family law South Africa, family relationships, fraud claims, Judicial Discretion, legal duty, legal precedent, maintenance claims, maintenance recovery, marriage law, misattributed paternity, Parental Rights, paternity dispute, paternity fraud, paternity testing, Psychological Impact, WhatsApp evidence From Dad to Duped: South Africa’s Legal Dance with Paternity Fraud and the Quest for Truth. Understanding Paternity Fraud in South Africa: What You Need to Know Paternity fraud occurs when a mother, knowing or suspecting the truth, deliberately misidentifies a man as her child's biological… READ MORE
28/10/2024 Bertus Preller Children, Maintenance, Paternity Fraud, Procedure Access to Justice, affidavits via Zoom, birth certificate amendment, children's act, civil litigation, civil procedure, Constitutional Rights, court modernization, court precedent, digital evidence, divorce settlement, DNA results, DNA testing, electronic evidence, Family Law, High Court Judgment, judicial interpretation, legal presumption, legal presumptions, legal reform, legal technology, maintenance obligations, maintenance payments, parental rights termination, parenting plan, paternity fraud, remote legal procedures, South African Law, virtual commissioning, WhatsApp evidence From WhatsApp to Whoops: How Digital Messages and a Virtual Oath Transformed Paternity Law in VJS v SH (19578/2024) [2024] ZAWCHC 333: Can You Zoom Your Way to Justice? Background: A Paternity Dispute Emerges from WhatsApp Messages In a significant judgment from the Western Cape High Court, a project manager working at the US Embassy in Pakistan sought to… READ MORE
24/11/2023 Bertus Preller Adultery, Divorce, Infidelity, Prescription affair with mistress, Asset Concealment, community of property, court case, court judgment new family law case, credibility assessment, divorce implications, evidence analysis, extramarital affair, financial dispute, investment withdrawal, Legal Costs, Legal proceedings, loan vs donation, marital deceit, marriage law, mistress involvement, prescription act, South African legal drama, WhatsApp evidence Love, Deceit, and Money: The Legal Tangle of a South African Husband, Wife, and Mistress. – H.W and Another v R.S (18246/2019) [2023] ZAGPJHC 1354 (24 November 2023). Introduction The case in question delved into a tangled legal narrative encompassing marital infidelity, financial dealings, and the classification of funds transferred in the milieu of an extramarital relationship in… READ MORE