Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Another (2025/127863) [2025] ZAWCHC 345 (13 August 2025)
REPORTABILITY SCORE: 80/100\n\nExecution — Access to premises — Urgent application for access to business premises to search for documents and data — Applicant contending entitlement under binder agreement — Respondent arguing agai...
Case Note
Old Mutual Alternate Risk Transfer Insure Limited v SA Guarantee Specialists Proprietary Limited and Carel Daniel Hanekom
High Court of South Africa (Western Cape Division, Cape Town)
Case No 2025-127863 | Judgment delivered 13 August 2025
Reportability
This judgment is expressly marked Reportable by the court. It is significant because it clarifies the boundary between a conventional Anton Piller application, which is extraordinary and invasive, and the contractual right of an insurer to gain access to data and documentation held by an underwriting manager in terms of a binder agreement. The decision is therefore important for the insurance industry, underwriting managers and litigants seeking access to documentary evidence without meeting the stringent Anton Piller threshold of a real danger of destruction of evidence.
Cases Cited
The judgment, as provided, does not contain references to earlier authorities. If further parts of the judgment...