Faber N.O and Others v Jacobs and Others (2914/2019) [2020] ZAFSHC 34 (26 February 2020)

Faber N.O and Others v Jacobs and Others (2914/2019) [2020] ZAFSHC 34 (26 February 2020)

The court found that the respondents had substantially complied with the January 2019 order. The resignations as trustees were communicated to the first applicant via email, which constituted substantial compliance, even if not sent to the applicant's attorney. The contracts and proof of payments were provided to the applicant's email address, and the applicants admitted the email address was correct. The respondents explained the protocol for transferring banking powers and offered to cooperate, providing a reasonable explanation for not simply handing over account access. The court found no material non-compliance with the order. Regarding the alleged unlawful withdrawal of trust funds,...

Citation
[2020] ZAFSHC 34
Parties
Applicant: Cornelius Wilhelm Faber N.O.; Applicant: Cornelius Jacobus Faber N.O.; Applicant: Annika Faber N.O.; Applicant: Henta Karlien de Witt N.O.; Respondent: Pierre Jacobs; Respondent: Yolandie Jacobs; Respondent: William Geoge Melville
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 February 2020
Case Number
2914/2019
Procedural Posture
Urgent Application / Application for Contempt and Ancillary Relief Following Alleged Non Compliance With a Prior Court Order.
Outcome
Application dismissed with costs on an attorney and client scale.
Judges
Van Zyl
Legal Topics
Contempt of Court, Costs Order, Trust Management, Substantial Compliance
Civil Procedure Contempt of Court Costs Order Trust Management Substantial Compliance

Case Brief

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Parties

Cornelius Wilhelm Faber N.O.

Applicant

Cornelius Jacobus Faber N.O.

Applicant

Annika Faber N.O.

Applicant

Henta Karlien de Witt N.O.

Applicant

Pierre Jacobs

Respondent

Yolandie Jacobs

Respondent

William Geoge Melville

Respondent

Procedural Posture

Urgent Application / Application for Contempt and Ancillary Relief Following Alleged Non Compliance With a Prior Court Order.

Legal Issues

  1. 1 Whether the respondents were in contempt of the January 2019 court order.
  2. 2 Whether the respondents failed to resign as trustees and provide required documentation and banking details as ordered.
  3. 3 Whether the respondents unlawfully withdrew trust funds and must repay them.

Ratio Decidendi

The court found that the respondents had substantially complied with the January 2019 order. The resignations as trustees were communicated to the first applicant via email, which constituted substantial compliance, even if not sent to the applicant's attorney. The contracts and proof of payments were provided to the applicant's email address, and the applicants admitted the email address was correct. The respondents explained the protocol for transferring banking powers and offered to cooperate, providing a reasonable explanation for not simply handing over account access. The court found no material non-compliance with the order. Regarding the alleged unlawful withdrawal of trust funds,...

Court Disposition

Application dismissed with costs on an attorney and client scale.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs of the application on a scale as between attorney and client.