Benninghoff N.O and Another v Michelle N.O and Others (27210/2020) [2020] ZAGPPHC 613 (20 October 2020)

Benninghoff N.O and Another v Michelle N.O and Others (27210/2020) [2020] ZAGPPHC 613 (20 October 2020)

The court found that the applicants did not act unfairly or dishonestly in the ex parte application, as the letter in question was attached to the founding papers and available to the judge who granted the interim order. The accusation of non-disclosure was unfounded. The applicants' inability to verify offers to purchase due to the respondents' refusal to provide copies justified their apprehension and the need for interim relief. The First Respondent was disqualified from acting as trustee due to his sequestration, rendering his affidavit inadmissible and the reconsideration application unauthorised. The issue of the Bradgate Trust's insolvency was deemed irrelevant at this stage....

Citation
[2020] ZAGPPHC 613
Parties
Applicant: Mareda Rita Benninghoff N.O.; Respondent: Philip David Michelle N.O.; Respondent: Andries Frederick Coetzee N.O.; Respondent: Russel Alan Michelle N.O.; Respondent: Registrar of Deeds, Pretoria
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 October 2020
Case Number
27210/2020
Procedural Posture
Urgent Application / Application for Reconsideration of Ex Parte Interim Order
Outcome
Application for reconsideration dismissed with costs.
Judges
Mabuse
Legal Topics
Interim Interdict, Trustee Authority, Non Disclosure in Ex Parte, Sequestration, Trust Property Control Act
Civil Procedure Land and Property Interim Interdict Trustee Authority Non Disclosure in Ex Parte Sequestration Trust Property Control Act

Case Brief

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Parties

Mareda Rita Benninghoff N.O.

Applicant

Philip David Michelle N.O.

Respondent

Andries Frederick Coetzee N.O.

Respondent

Russel Alan Michelle N.O.

Respondent

Registrar of Deeds, Pretoria

Respondent

Procedural Posture

Urgent Application / Application for Reconsideration of Ex Parte Interim Order

Legal Issues

  1. 1 Whether the applicants failed to disclose material facts in the ex parte application for interim relief.
  2. 2 Whether the applicants had a prima facie right to the interdict sought.
  3. 3 Whether the First Respondent had locus standi to depose to the answering affidavit and launch reconsideration proceedings.

Ratio Decidendi

The court found that the applicants did not act unfairly or dishonestly in the ex parte application, as the letter in question was attached to the founding papers and available to the judge who granted the interim order. The accusation of non-disclosure was unfounded. The applicants' inability to verify offers to purchase due to the respondents' refusal to provide copies justified their apprehension and the need for interim relief. The First Respondent was disqualified from acting as trustee due to his sequestration, rendering his affidavit inadmissible and the reconsideration application unauthorised. The issue of the Bradgate Trust's insolvency was deemed irrelevant at this stage....

Court Disposition

Application for reconsideration dismissed with costs.

Orders

  • The First, Second and Third Respondents' application for anticipation and reconsideration of the ex parte interim order is dismissed.
  • The applicants are awarded costs against the respondents.