Nortje N.O v Vos N.O and Others (6884/2019) [2021] ZAGPPHC 550 (19 August 2021)

Nortje N.O v Vos N.O and Others (6884/2019) [2021] ZAGPPHC 550 (19 August 2021)

The Applicant failed to provide credible evidence of maladministration or imperilment of the trust property or its administration by the First Respondent. Most disputes raised were previously determined in arbitration and are res judicata. The Supplementary Founding Affidavit did not identify specific failures arising from the documentation provided, nor did it demonstrate that the First Respondent's conduct endangered the interests of the Trusts or beneficiaries. The breakdown in trustee relationships was caused primarily by the Applicant's unreasonable conduct and did not imperil the Trusts. Applying the Plascon-Evans principle, the Respondents' detailed account was accepted, and the...

Citation
[2021] ZAGPPHC 550
Parties
Applicant: Marcelle Christine Nortje N.O.; Respondent: Johannes Vos N.O.; Respondent: Vos Steyn Labuschagne Inc; Respondent: Heliene Minna Sawyer N.O.; Respondent: Karent Rita Greyling N.O.; Respondent: The Master of the High Court; Respondent: Neil Nortje; Respondent: Emile Nortje; Respondent: Ruan Nortje; Respondent: George Creydt; Respondent: Magarietha Greyling; Respondent: Corneels Greyling
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
19 August 2021
Case Number
6884/2019
Procedural Posture
Removal Application / Final Determination of Part B (removal of Trustee) After Prior Arbitration and Interlocutory Relief
Outcome
Application for removal of First Respondent as trustee dismissed with costs.
Judges
Nochumsohn
Legal Topics
Trustee Removal, Trust Property Control Act, Fiduciary Duties, Arbitration Award Enforcement, Costs Orders
Land and Property Civil Procedure Trustee Removal Trust Property Control Act Fiduciary Duties Arbitration Award Enforcement Costs Orders

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Parties

Marcelle Christine Nortje N.O.

Applicant

Johannes Vos N.O.

Respondent

Vos Steyn Labuschagne Inc

Respondent

Heliene Minna Sawyer N.O.

Respondent

Karent Rita Greyling N.O.

Respondent

The Master of the High Court

Respondent

Neil Nortje

Respondent

Emile Nortje

Respondent

Ruan Nortje

Respondent

George Creydt

Respondent

Magarietha Greyling

Respondent

Corneels Greyling

Respondent

Procedural Posture

Removal Application / Final Determination of Part B (removal of Trustee) After Prior Arbitration and Interlocutory Relief

Legal Issues

  1. 1 Whether the First Respondent should be removed as trustee of the Rita Creydt Trust and B & R Trust under section 20(1) of the Trust Property Control Act.
  2. 2 Whether the alleged mismanagement or breakdown in trustee relationships imperils the administration of the Trusts or the interests of beneficiaries.
  3. 3 Whether the Applicant's failure to demonstrate specific maladministration or imperilment justifies removal.

Ratio Decidendi

The Applicant failed to provide credible evidence of maladministration or imperilment of the trust property or its administration by the First Respondent. Most disputes raised were previously determined in arbitration and are res judicata. The Supplementary Founding Affidavit did not identify specific failures arising from the documentation provided, nor did it demonstrate that the First Respondent's conduct endangered the interests of the Trusts or beneficiaries. The breakdown in trustee relationships was caused primarily by the Applicant's unreasonable conduct and did not imperil the Trusts. Applying the Plascon-Evans principle, the Respondents' detailed account was accepted, and the...

Court Disposition

Application for removal of First Respondent as trustee dismissed with costs.

Orders

  • The application is dismissed.
  • The Applicant is ordered to pay the costs of the Respondents on the party and party scale, including costs of senior counsel and reserved costs from Part A, excluding wasted costs of 15 November 2019.