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''Mayne v Main''〔2001 (2) SA 1239 (SCA).〕〔Case No. 182/99.〕 is an important case in South African law. It was heard in the Supreme Court of Appeal (SCA) on 1 March 2001, with judgment handed down on 23 March. Smalberger ADCJ, Nienaber JA, Farlam JA, Mpati JA and Mthiyane AJA presided. A. Subel SC appeared for the appellant and JPV McNally for the respondent. The appellant's attorneys were Knowles, Husain Inc, Sandton, and McIntyre & Van der Post, Bloemfontein. The respondent's attorneys were Webber, Wentzel, Bowens, Johannesburg, and Webbers, Bloemfontein. The case was an appeal from a decision of the Full Court in the Witwatersrand Local Division (Stegmann J, Blieden J and Malan J). The issue was whether or not the High Court had jurisdiction, in terms of the Supreme Court Act,〔Act 59 of 1959.〕 on grounds of residence.〔s 19(1)(a).〕 Central to this issue was the meaning in that statute of the phrase "residing () in." The SCA restated the basic principles of jurisdiction. Although a person can have more than one residence, for the purposes of the relevant section of the Act a person could only reside in one place at any given moment. Residence as a concept, the court held, conveys a certain sense of stability or something of a settled nature. Some greater degree of permanence than a mere fleeting or transient presence is needed to satisfy the requirement of residence. The court advocated what it described as a "common-sense and realistic approach" when considering residence,〔Para 6.〕 as modern-day conditions and attitudes, and the tendency to a more transient lifestyle, might otherwise lead to persons to avoid too easily the jurisdictional nets of the courts. The subjective belief of a person whose residence is in issue, furthermore, cannot detract from the justifiable inference to be drawn from the relevant facts and circumstances. == Facts == The appeal turned on whether the Witwatersrand Local Division (WLD) had had the jurisdiction to entertain an action by the appellant against the respondent for the payment of certain sums of money and ancillary relief. In particular, it had to be decided whether the respondent had, on 18 April 1995 (the date of service of summons), been a person "residing () in" the area of jurisdiction of the WLD within the meaning of that phrase in section 19(1)(a) of the Supreme Court Act. Both a single judge and a full bench of the court, on appeal, had decided against the appellant's standpoint that the respondent had resided within the jurisdiction of the WLD at the relevant time. The respondent was a South African citizen involved in corporate finance consulting. The nature of his job entailed extensive travel to many countries. He conducted his business in a highly mobile manner without being tied down by conventional office and secretarial needs. From around 1993, however, the respondent's work had required him to spend more and more time in South Africa, although he still travelled to, and continued to work in, various other parts of the world. The respondent owned property in the UK, but from 1994 spent very little time in that country. In fact, during the years 1994 and 1995, the majority of the respondent's time was spent in South Africa, particularly in Johannesburg. The respondent had set up an office in Johannesburg, was leasing a motor vehicle for his personal use and was cohabiting with one Mrs Rowand in Inanda. The respondent contended that, despite his near-constant presence in the country over the time period in question, he had no intention of making South Africa his home and staying there permanently. The respondent argued that the doctrine of effectiveness had relevance to the issue of residence and contended that he could only be considered to have been resident in the trial Court's area of jurisdiction if his presence there at the relevant time had been of a nature which would enable the Court to grant a judgment which would normally be effective against a person in his position. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Mayne v Main」の詳細全文を読む スポンサード リンク
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