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Hollard Insurance Company Limited v Wagenaar, Paul t/a Racedesigns ( 36661/2010) [2011] ZAGPJHC 25

4th May 2011

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  • Hollard Insurance Company Limited v Wagenaar, Paul t/a Racedesigns ( 36661/2010) [2011] ZAGPJHC 25
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[1] In the Notice of Motion the applicant seeks relief as set out in Part A, and Part B thereof. In Part A, the applicant seeks an order for the return to it of certain motorcycles held by the respondent subject to a determination of the respondent’s claim to a lien in respect thereof. In the event of a finding that the respondent indeed has a lien over the motorcycles, the respondent be ordered to accept security as determined by the Court in lieu of its detention of the motorcycles. The relief sought under Part B is twofold. The first, that the respondent renders an account to the applicant as to his dealings in regard to the motorcycles owned by the applicant. The second leg of the relief is that the respondent be ordered to a debatement of such account to be rendered by the respondent to the applicant in respect of applicant’s wrecks as listed in Annexure “Z” to the Notice of Motion.

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