Jowell v Bramwell-Jones and Others (543/97) [2000] ZASCA 16; 2000 (3) SA 274 (SCA); [2000] 2 All SA 161 (A) (28 March 2000)

Jowell v Bramwell-Jones and Others (543/97) [2000] ZASCA 16; 2000 (3) SA 274 (SCA); [2000] 2 All SA 161 (A) (28 March 2000)

The Supreme Court of Appeal held that the will clearly made the shares in Glencordale the subject matter of the trust, not the underlying Trencor shares. There was no manifest intention by the testator to restrain the trustee from disposing of the Trencor shares. While the trustee owed a fiduciary duty to the capital beneficiaries regarding the assets of Glencordale, the allegations in the particulars of claim did not establish a breach of trust that resulted in actionable loss. The appellant's right to enjoy his share of the trust capital was postponed until the death of the income beneficiary, Mrs Jowell. Any loss suffered by the appellant could only be determined at that future date,...

Citation
[2000] ZASCA 16
Parties
Appellant: Donn Edward Jowell; Respondent: Thomas Howard Bramwell-Jones; Respondent: W E Balderson Inc; Respondent: Arthur Anderson & Co; Respondent: Jeffrey Rodney Flax; Respondent: Sonnenberg Hoffmann & Galombik; Respondent: Bronwyn Allan; Respondent: Coopers & Lybrand Services (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 2000
Case Number
543/97
Procedural Posture
Civil Appeal / Appeal From Exception Upheld in the Witwatersrand Local Division
Outcome
Appeal dismissed with costs.
Judges
Vivier, Nienaber, Scott, Plewman, Farlam
Legal Topics
Pure Economic Loss, Fiduciary Duty of Trustee, Premature Claim, Aquilian Action, Trust Property, Quantification of Damages
Civil Procedure Delict Pure Economic Loss Fiduciary Duty of Trustee Premature Claim Aquilian Action Trust Property Quantification of Damages

Case Brief

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Parties

Donn Edward Jowell

Appellant

Thomas Howard Bramwell-Jones

Respondent

W E Balderson Inc

Respondent

Arthur Anderson & Co

Respondent

Jeffrey Rodney Flax

Respondent

Sonnenberg Hoffmann & Galombik

Respondent

Bronwyn Allan

Respondent

Coopers & Lybrand Services (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Exception Upheld in the Witwatersrand Local Division

Legal Issues

  1. 1 Whether the particulars of claim disclose a cause of action for pure economic loss against the defendants.
  2. 2 Whether the trustee was prohibited from disposing of the underlying assets of the trust (Trencor shares).
  3. 3 Whether the appellant's claim for damages is premature, given that his right of enjoyment is postponed until the death of the income beneficiary.

Ratio Decidendi

The Supreme Court of Appeal held that the will clearly made the shares in Glencordale the subject matter of the trust, not the underlying Trencor shares. There was no manifest intention by the testator to restrain the trustee from disposing of the Trencor shares. While the trustee owed a fiduciary duty to the capital beneficiaries regarding the assets of Glencordale, the allegations in the particulars of claim did not establish a breach of trust that resulted in actionable loss. The appellant's right to enjoy his share of the trust capital was postponed until the death of the income beneficiary, Mrs Jowell. Any loss suffered by the appellant could only be determined at that future date,...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs, including costs of all respondents who participated in the appeal.
  • The costs order of the court a quo is confirmed.