Brouwer NO v Van Heerden and Others (62130/2014) [2019] ZAGPPHC 267 (27 June 2019)

Brouwer NO v Van Heerden and Others (62130/2014) [2019] ZAGPPHC 267 (27 June 2019)

The court found that the applicant was entitled to approach the court for extension of his powers as referee, both under the settlement agreement and by virtue of the court's inherent jurisdiction to ensure an equitable division of the joint estate. The evidence showed that the parties were unable to agree on valuations or division, making sale of all assets the only practical solution. The applicant's requests for information and return of the Toyota bakkie were denied, as the information had already been provided and the bakkie sold. The court declined to order payment of deposits for expenses and remuneration, holding that the applicant could claim payment from the joint estate as...

Citation
[2019] ZAGPPHC 267
Parties
Applicant: Johan Bouwer N.O.; Respondent: Miranda van Heerden; Respondent: Queride Janse van Vuuren; Respondent: Quintelen van Heerden; Respondent: Linda Mifanwy van Heerden N.O.; Respondent: Linda Mifanwy van Heerden
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
62130/2014
Procedural Posture
Civil Application / Application for Extension of Referee's Powers and Related Relief
Outcome
Application granted in part; extension of referee's powers authorised; costs awarded as specified.
Judges
Louw
Legal Topics
Division of Joint Estate, Referee Powers, Settlement Agreement, Sale of Assets, Costs Order
Family and Children Civil Procedure Division of Joint Estate Referee Powers Settlement Agreement Sale of Assets Costs Order

Case Brief

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Parties

Johan Bouwer N.O.

Applicant

Miranda van Heerden

Respondent

Queride Janse van Vuuren

Respondent

Quintelen van Heerden

Respondent

Linda Mifanwy van Heerden N.O.

Respondent

Linda Mifanwy van Heerden

Respondent

Procedural Posture

Civil Application / Application for Extension of Referee's Powers and Related Relief

Legal Issues

  1. 1 Whether the applicant is entitled to approach the court for extension of his powers as referee in the division of the joint estate.
  2. 2 Whether the court has inherent power to determine the manner of division of the joint estate in the absence of agreement between the parties.
  3. 3 Whether the applicant is entitled to orders compelling the respondents to provide information and return assets.

Ratio Decidendi

The court found that the applicant was entitled to approach the court for extension of his powers as referee, both under the settlement agreement and by virtue of the court's inherent jurisdiction to ensure an equitable division of the joint estate. The evidence showed that the parties were unable to agree on valuations or division, making sale of all assets the only practical solution. The applicant's requests for information and return of the Toyota bakkie were denied, as the information had already been provided and the bakkie sold. The court declined to order payment of deposits for expenses and remuneration, holding that the applicant could claim payment from the joint estate as...

Court Disposition

Application granted in part; extension of referee's powers authorised; costs awarded as specified.

Orders

  • An order is granted authorising the applicant to sell all assets of the joint estate to achieve equal division.
  • The costs of the application and of all parties are to be paid by the joint estate of the first respondent and the late Mr. Petrus Arnoldus Van Heerden.