Media releases

DRD wins dismissal of Anton Piller order

Durban Roodepoort Deep Limited, its Chairman and CEO Mark Wellesley-Wood, the company’s auditors, Deloitte & Touche, and others succeeded on Thursday (17 April 2003) with their application to the High Court in Johannesburg for the dismissal of the Anton Piller order granted to Roger and Brett Kebble and others by the Court on 20 February 2003. FOR IMMEDIATE RELEASE
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Durban Roodepoort Deep Limited, its Chairman and CEO Mark Wellesley-Wood, the company’s auditors, Deloitte & Touche, and others succeeded on Thursday (17 April 2003) with their application to the High Court in Johannesburg for the dismissal of the Anton Piller order granted to Roger and Brett Kebble and others by the Court on 20 February 2003.

The presiding Judge, Mr Justice Schwartzman, said his reasons for granting the application for dismissal would follow at a later stage, if requested by any of the parties. He ordered Roger and Brett Kebble and others to pay the costs of the respondents, in the case of DRD and Wellesley-Wood on the punitive scale of attorney and client.

The Anton Piller order is a special order obtained in secret, without the respondents being heard. It authorizes the search and seizure from them of certain specified documents.

The execution of the order took place on 20 February 2003 at the premises of DRD and Deloittes, at the home of Wellesley-Wood and at the premises and/or homes of the other respondents.

Subsequent to the execution of the order the various respondents, including DRD and Wellesley-Wood, elected to oppose the application and various affidavits were filed.

The main arguments presented on behalf of the respondents, apart from the merits themselves, were that the original order was obtained without disclosing material facts to the court and that there was an abuse of process in the execution of the order itself during the search for and seizure of documents.

“In the application to the High Court for the Anton Piller order, it was not disclosed that the applicants were being sued by DRD both in South Africa and Australia,” Wellesley-Wood said.

“Also, Anton Piller orders are granted for the search and confiscation of certain specified documents; in this instance, bank records and cell phone statements belonging to Roger Kebble that DRD was alleged to have obtained illegally.

“No such documents were found during the execution of the Anton Piller order but others, relating to DRD’s litigation against the applicants as well as my personal documents, were seized.”

In terms of the dismissal order, all seized documents have been returned to the respondents.

Queries:
Ilja Graulich, DRD
27 11 381 7800 (w)
27 83 604 0820 (cell)

James Duncan, Russell & Associates
27 11 880-3924 (w)
27 82 892-8052 (cell)