Dieter Schmidt v Birgitta Weaving

The respondent instituted action in the Cape High Court against the appellant, who resided permanently in the United States and was a peregrinus of the court’s jurisdiction. To found or confirm jurisdiction, the respondent obtained an ex parte order authorising attachment of the appellant’s member’s interests in three South African close corporations. The sheriff purported to attach, inter alia, the appellant’s 33% member’s interest in Le Cap International CC by affixing documents to the door of its registered office and notifying the Registrar of Close Corporations. The appellant raised a special plea that no valid attachment had taken place and that the High Court therefore lacked jurisdiction.

The appeal was upheld with costs. The order of the High Court was set aside and replaced with an order upholding the appellant’s special plea to jurisdiction with costs.

The case clarifies South African law on jurisdictional attachments involving incorporeal rights, particularly member’s interests in close corporations. It confirms that actual notice to the corporation is essential and that notice to the Registrar of Close Corporations is insufficient, reinforcing traditional principles governing attachment to found or confirm jurisdiction.