Breetzke and Others v Alexander and Others (AR298/16) [2017] ZAKZPHC 71 (5 May 2017)

Breetzke and Others v Alexander and Others (AR298/16) [2017] ZAKZPHC 71 (5 May 2017)

The court held that the appellants, as trustees of the SF Trust, lacked locus standi to bring a representative action on behalf of the SH Trust because their particulars of claim did not aver that they were acting for the SH Trust or as beneficiaries thereof. The Beningfield exception did not apply, as there was no allegation that the trustees' actions were impeached or that the appellants were suing in their personal capacities as beneficiaries. The availability of a direct action precluded reliance on the Beningfield exception. The particulars of claim failed to disclose the necessary averments to sustain either a representative or direct action, rendering them excipiable. The appeal...

Citation
[2017] ZAKZPHC 71
Parties
Applicant: Gavin Anthony Breetzke; Applicant: Michael John Breetzke; Applicant: Margaret Ann Breetzke; Respondent: Robert Edward Alexander; Respondent: Ziningi Properties (Proprietary) Limited; Respondent: Rodney John Trotter; Respondent: Stuart Richard Howes
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
5 May 2017
Case Number
AR298/16
Procedural Posture
Civil Appeal / Appeal Against Upholding of Exception to Particulars of Claim
Outcome
Appeal dismissed with costs.
Judges
Poyo Dlwati, Hadebe, Gordon
Legal Topics
Locus Standi, Exception Procedure, Trusts, Fiduciary Duty, Representative Action
Civil Procedure Commercial and Corporate Locus Standi Exception Procedure Trusts Fiduciary Duty Representative Action

Case Brief

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Parties

Gavin Anthony Breetzke

Applicant

Michael John Breetzke

Applicant

Margaret Ann Breetzke

Applicant

Robert Edward Alexander

Respondent

Ziningi Properties (Proprietary) Limited

Respondent

Rodney John Trotter

Respondent

Stuart Richard Howes

Respondent

Procedural Posture

Civil Appeal / Appeal Against Upholding of Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the appellants have locus standi to bring the action in their representative capacity as trustees of the SF Trust.
  2. 2 Whether the availability of a direct action precludes a representative action by the appellants.
  3. 3 Whether the particulars of claim disclose a cause of action against the respondents.

Ratio Decidendi

The court held that the appellants, as trustees of the SF Trust, lacked locus standi to bring a representative action on behalf of the SH Trust because their particulars of claim did not aver that they were acting for the SH Trust or as beneficiaries thereof. The Beningfield exception did not apply, as there was no allegation that the trustees' actions were impeached or that the appellants were suing in their personal capacities as beneficiaries. The availability of a direct action precluded reliance on the Beningfield exception. The particulars of claim failed to disclose the necessary averments to sustain either a representative or direct action, rendering them excipiable. The appeal...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.