Carelse v Stuurman N.O. and Another (17199/2022) [2023] ZAWCHC 193 (13 June 2023)

Carelse v Stuurman N.O. and Another (17199/2022) [2023] ZAWCHC 193 (13 June 2023)

The court found that the applicant's objections to the inclusion of legal costs in the L&D account were primarily based on the absence of taxed bills of costs, and since the taxation process was underway, it was appropriate to postpone determination of these objections sine die. The objection to the estate agent's commission was upheld because the documentation provided did not establish a clear link between Senator Properties and the submitted Fidelity Fund Certificate, and the respondent failed to provide sufficient evidence of entitlement to commission. The objection to the plumbing and electrical invoices was dismissed, as the invoices, though lacking itemised amounts, sufficiently...

Citation
[2023] ZAWCHC 193
Parties
Applicant: Natalie Esther Carelse; Respondent: Ralph Helgaard Stuurman N.O.; Respondent: The Master of the High Court, Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 June 2023
Case Number
17199/2022
Procedural Posture
Review Application / Judgment
Outcome
The application is granted in part: objections to legal costs are postponed sine die; the objection to estate agent's commission is upheld; the objection to plumbing and electrical invoices is dismissed; no order as to costs.
Judges
Mangcu-Lockwood
Legal Topics
Administration of Estates Act, Liquidation and Distribution Account, Executor Duties, Review of Administrative Action, Costs Taxation
Administrative Law Civil Procedure Administration of Estates Act Liquidation and Distribution Account Executor Duties Review of Administrative Action Costs Taxation

Case Brief

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Parties

Natalie Esther Carelse

Applicant

Ralph Helgaard Stuurman N.O.

Respondent

The Master of the High Court, Cape Town

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master of the High Court correctly declined to uphold the applicant's objections to the liquidation and distribution account.
  2. 2 Whether the legal costs claimed in the L&D account require taxation before inclusion.
  3. 3 Whether the estate agent's commission was properly supported by valid documentation and a Fidelity Fund Certificate.

Ratio Decidendi

The court found that the applicant's objections to the inclusion of legal costs in the L&D account were primarily based on the absence of taxed bills of costs, and since the taxation process was underway, it was appropriate to postpone determination of these objections sine die. The objection to the estate agent's commission was upheld because the documentation provided did not establish a clear link between Senator Properties and the submitted Fidelity Fund Certificate, and the respondent failed to provide sufficient evidence of entitlement to commission. The objection to the plumbing and electrical invoices was dismissed, as the invoices, though lacking itemised amounts, sufficiently...

Court Disposition

The application is granted in part: objections to legal costs are postponed sine die; the objection to estate agent's commission is upheld; the objection to plumbing and electrical invoices is dismissed; no order as to costs.

Orders

  • The application concerning the first and second objections relating to the legal fees in the amounts of R90 000.00 and R120 000.00 is postponed sine die.
  • The applicant's third objection relating to the estate agent's commission in the amount of R36 000.00 is upheld.