Combrick N.O and Another v Plooy N.O and Others (59864/2012) [2014] ZAGPPHC 285 (14 May 2014)

Combrick N.O and Another v Plooy N.O and Others (59864/2012) [2014] ZAGPPHC 285 (14 May 2014)

The court found that the Combrinck Trust lacked the capacity to act because it did not have the minimum number of trustees required by its trust deed. The applicants failed to appoint a third trustee after the liquidation of Jean Multi Management (Pty) Ltd, resulting in only two trustees remaining. This omission constituted a breach of the trust deed and rendered any actions taken by the applicants on behalf of the trust invalid. The trust was not properly before the court, and the application was a nullity. Consequently, there was no need to consider joinder of further parties, as the action itself was not validly instituted.

Citation
[2014] ZAGPPHC 285
Parties
Applicant: DA Combrinck N.O; Applicant: EM Combrinck N.O; Respondent: AJ Du Plooy N.O; Respondent: M Wilken N.O; Respondent: AJ Janse Van Rensburg N.O; Respondent: C Murray N.O; Respondent: EM Motala N.O; Respondent: Z Cassim N.O
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 May 2014
Case Number
59864/2012
Procedural Posture
Trial Application / Judgment After Separation of Issues Under Rule 33(4)
Outcome
Application struck from the roll; applicants ordered to pay costs de bonis propriis.
Judges
S.A.M Baqwa
Legal Topics
Trustee Capacity, Locus Standi, Joinder of Parties, Rectification of Agreement
Civil Procedure Land and Property Trustee Capacity Locus Standi Joinder of Parties Rectification of Agreement

Case Brief

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Parties

DA Combrinck N.O

Applicant

EM Combrinck N.O

Applicant

AJ Du Plooy N.O

Respondent

M Wilken N.O

Respondent

AJ Janse Van Rensburg N.O

Respondent

C Murray N.O

Respondent

EM Motala N.O

Respondent

Z Cassim N.O

Respondent

Procedural Posture

Trial Application / Judgment After Separation of Issues Under Rule 33(4)

Legal Issues

  1. 1 Whether the Combrinck Trust had the capacity to act at all relevant stages.
  2. 2 Whether further parties should be joined in the matter.

Ratio Decidendi

The court found that the Combrinck Trust lacked the capacity to act because it did not have the minimum number of trustees required by its trust deed. The applicants failed to appoint a third trustee after the liquidation of Jean Multi Management (Pty) Ltd, resulting in only two trustees remaining. This omission constituted a breach of the trust deed and rendered any actions taken by the applicants on behalf of the trust invalid. The trust was not properly before the court, and the application was a nullity. Consequently, there was no need to consider joinder of further parties, as the action itself was not validly instituted.

Court Disposition

Application struck from the roll; applicants ordered to pay costs de bonis propriis.

Orders

  • The matter is struck from the roll.
  • It is declared that the Combrinck Trust did not, at the time of the launching of the application or at any time thereafter, have the capacity to act.