Crowder v ABSA Trust Limited and Others (1301/2020) [2021] ZAGPJHC 888 (10 June 2021)

Crowder v ABSA Trust Limited and Others (1301/2020) [2021] ZAGPJHC 888 (10 June 2021)

The court found that the applicant failed to make out a sufficient case for the termination of the KA Crowder Trust under section 13 of the Trust Property Control Act. The trust was established to protect and preserve funds for the applicant's benefit, and there was no evidence that the first respondent mismanaged the trust or acted contrary to its purpose. The applicant did not provide adequate safeguards or a plan for the protection of the funds if the trust were terminated. Concerns about insurance and direct payment to the applicant upon reaching majority were noted but did not justify termination. On costs, the court recognised that an adverse costs order could have a chilling effect...

Citation
[2021] ZAGPJHC 888
Parties
Applicant: Keano Alcaster Crowder; Respondent: ABSA Trust Limited; Respondent: The Master of the High Court, Pretoria; Respondent: Martha Magdelena Prinsloo NO
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 June 2021
Case Number
1301/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Counter Application on Costs
Outcome
Leave to appeal granted to the Full Court of the Gauteng Local Division against the whole judgment on the merits and the counter appeal on costs.
Judges
S C Mia
Legal Topics
Trust Property Control Act, Locus Standi, Costs Award, Termination of Trust, Judicial Discretion
Civil Procedure Land and Property Trust Property Control Act Locus Standi Costs Award Termination of Trust Judicial Discretion

Case Brief

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Parties

Keano Alcaster Crowder

Applicant

ABSA Trust Limited

Respondent

The Master of the High Court, Pretoria

Respondent

Martha Magdelena Prinsloo NO

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Counter Application on Costs

Legal Issues

  1. 1 Whether the first respondent and its deponent had locus standi to oppose the application without proper authority from the Master.
  2. 2 Whether conflicting judgments of the same court warrant leave to appeal.
  3. 3 Whether the court exercised its discretion correctly in refusing to terminate the KA Crowder Trust.

Ratio Decidendi

The court found that the applicant failed to make out a sufficient case for the termination of the KA Crowder Trust under section 13 of the Trust Property Control Act. The trust was established to protect and preserve funds for the applicant's benefit, and there was no evidence that the first respondent mismanaged the trust or acted contrary to its purpose. The applicant did not provide adequate safeguards or a plan for the protection of the funds if the trust were terminated. Concerns about insurance and direct payment to the applicant upon reaching majority were noted but did not justify termination. On costs, the court recognised that an adverse costs order could have a chilling effect...

Court Disposition

Leave to appeal granted to the Full Court of the Gauteng Local Division against the whole judgment on the merits and the counter appeal on costs.

Orders

  • Leave to appeal is granted to the Full Court of the Gauteng Local Division against the whole of the judgment on the merits and the counter appeal against costs.
  • Costs to be costs in the appeal.