Meyerdicks v Road Accident Fund (3526/2014) [2018] ZAGPPHC 418 (4 June 2018)

Meyerdicks v Road Accident Fund (3526/2014) [2018] ZAGPPHC 418 (4 June 2018)

The court found that the Administration of Estates Act does not apply to the applicant's claim for trustee costs under the undertaking issued by the Road Accident Fund. The reference to the Act in the undertaking and the Joffe J order serves only to set an upper limit for the quantum of costs recoverable, with the prescribed tariffs as a guideline. The applicant, acting as trustee under the Trust Property Control Act, is not required to comply with the procedural requirements of the Administration of Estates Act, such as filing and approval of accounts. The respondent's refusal to pay the claimed amount is therefore unlawful, and the applicant is entitled to payment of R20 912.00 and costs.

Citation
[2018] ZAGPPHC 418
Parties
Applicant: Ronald Hermann Meyerdicks (Trustee of the BP Nhlapo Inter-Vivos Trust); Respondent: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 June 2018
Case Number
3526/2014
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in favour of the applicant.
Judges
Dewrance
Legal Topics
Road Accident Fund Act, Trust Property Control Act, Administration of Estates Act, Quantum of Costs, Undertaking Enforcement
Civil Procedure Land and Property Road Accident Fund Act Trust Property Control Act Administration of Estates Act Quantum of Costs Undertaking Enforcement

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Parties

Ronald Hermann Meyerdicks (Trustee of the BP Nhlapo Inter-Vivos Trust)

Applicant

Road Accident Fund

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the Administration of Estates Act applies to the applicant's claim for trustee costs under the undertaking issued by the Road Accident Fund.
  2. 2 Whether the applicant's account for costs is required to comply with the Administration of Estates Act before payment can be made.
  3. 3 Whether the respondent is liable to pay the claimed amount for trustee costs and expenses.

Ratio Decidendi

The court found that the Administration of Estates Act does not apply to the applicant's claim for trustee costs under the undertaking issued by the Road Accident Fund. The reference to the Act in the undertaking and the Joffe J order serves only to set an upper limit for the quantum of costs recoverable, with the prescribed tariffs as a guideline. The applicant, acting as trustee under the Trust Property Control Act, is not required to comply with the procedural requirements of the Administration of Estates Act, such as filing and approval of accounts. The respondent's refusal to pay the claimed amount is therefore unlawful, and the applicant is entitled to payment of R20 912.00 and costs.

Court Disposition

Application granted in favour of the applicant.

Orders

  • The respondent is ordered to pay the applicant an amount of R20 912.00.
  • The respondent is ordered to pay the costs of this application.