E.E.V.W v P.J.V.W and Others (627/2016) [2017] ZANCHC 26 (31 January 2017)

E.E.V.W v P.J.V.W and Others (627/2016) [2017] ZANCHC 26 (31 January 2017)

The court held that the Trust, through its trustees, has a direct and substantial interest in the outcome of the divorce action, as the applicant seeks relief that may affect assets held in the Trust's name. The merits of the applicant's claim are not to be considered at the joinder stage; rather, the test is whether the party sought to be joined may be prejudicially affected by the order. The allegations in the amended particulars of claim, if proven, could result in the assets of the Trust being treated as those of the first respondent for accrual purposes. Therefore, joinder of the trustees as defendants is necessary to ensure all interested parties are before the court and to avoid...

Citation
[2017] ZANCHC 26
Parties
Applicant: E.E.V.W; Respondent: P.J.V.W; Respondent: J.V.W NO; Respondent: I.H.V.W NO; Respondent: P.J.V.W NO; Respondent: J.H.C NO; Respondent: The Master of the High Court
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
31 January 2017
Case Number
627/2016
Procedural Posture
Joinder Application / Application for Joinder of Trustees as Defendants in Pending Divorce Action
Outcome
Application for joinder granted; trustees of the V.W. Family Trust are joined as defendants in the divorce action. Costs reserved for trial.
Judges
Erasmus AJ
Legal Topics
Joinder of Parties, Accrual System, Piercing Trust Veneer, Matrimonial Property Act, Declaratory Relief
Family and Children Civil Procedure Joinder of Parties Accrual System Piercing Trust Veneer Matrimonial Property Act Declaratory Relief

Case Brief

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Parties

E.E.V.W

Applicant

P.J.V.W

Respondent

J.V.W NO

Respondent

I.H.V.W NO

Respondent

P.J.V.W NO

Respondent

J.H.C NO

Respondent

The Master of the High Court

Respondent

Procedural Posture

Joinder Application / Application for Joinder of Trustees as Defendants in Pending Divorce Action

Legal Issues

  1. 1 Whether the trustees of the V.W. Family Trust have a direct and substantial interest in the outcome of the divorce action.
  2. 2 Whether the Trust should be joined as defendants in the divorce action under the accrual system.
  3. 3 Whether the assets held in the name of the Trust can be considered part of the first respondent's estate for accrual purposes.

Ratio Decidendi

The court held that the Trust, through its trustees, has a direct and substantial interest in the outcome of the divorce action, as the applicant seeks relief that may affect assets held in the Trust's name. The merits of the applicant's claim are not to be considered at the joinder stage; rather, the test is whether the party sought to be joined may be prejudicially affected by the order. The allegations in the amended particulars of claim, if proven, could result in the assets of the Trust being treated as those of the first respondent for accrual purposes. Therefore, joinder of the trustees as defendants is necessary to ensure all interested parties are before the court and to avoid...

Court Disposition

Application for joinder granted; trustees of the V.W. Family Trust are joined as defendants in the divorce action. Costs reserved for trial.

Orders

  • The second, third, fourth, fifth and sixth respondents are joined as the second, third, fourth, fifth and sixth defendants in the divorce action under case number 627/2016, provided the applicant complies with Rule 28(1) of the Uniform Rules of Court within 15 days of this order.
  • All pleadings filed of record shall be served upon the parties joined in terms of prayer 1 within 15 days of this order.