Pheiffer and Others v About it Pretoria (Pty) Ltd and Others (65188/2014) [2017] ZAGPPHC 71 (21 February 2017)

Pheiffer and Others v About it Pretoria (Pty) Ltd and Others (65188/2014) [2017] ZAGPPHC 71 (21 February 2017)

The application for leave to appeal is refused because the agreement dated 22 April 2011 is void for failure to comply with section 6(1) of the Trust Property Control Act. At the time of conclusion, the Pheiffer Family Trust was not registered and Rudi Pheiffer was not authorised to act as trustee. These facts are dispositive, and no factual context can cure the legal defect. The applicants do not enjoy reasonable prospects of success on appeal, nor is there any compelling reason for leave to appeal to be granted.

Citation
[2017] ZAGPPHC 71
Parties
Applicant: Rudi Pheiffer; Applicant: Rudi Pheiffer N.O (in his capacity as trustee of the Pheiffer Family Trust); Applicant: Cornelia Maria Pheiffer N.O (in her capacity as trustee of the Pheiffer Family Trust); Respondent: About it Pretoria (Pty) Ltd; Respondent: Gerhardus Marthinus Olivier; Respondent: Gerhardus Marthinus Olivier N.O (in his capacity as trustee of the Reivilo Trust); Respondent: Madelein Olivier N.O (in her capacity as trustee of the Reivilo Trust)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 February 2017
Case Number
65188/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 November 2016.
Outcome
Application for leave to appeal dismissed with costs.
Judges
T Brenner
Legal Topics
Leave to Appeal, Trust Property Control Act, Validity of Agreement
Civil Procedure Land and Property Leave to Appeal Trust Property Control Act Validity of Agreement

Case Brief

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Parties

Rudi Pheiffer

Applicant

Rudi Pheiffer N.O (in his capacity as trustee of the Pheiffer Family Trust)

Applicant

Cornelia Maria Pheiffer N.O (in her capacity as trustee of the Pheiffer Family Trust)

Applicant

About it Pretoria (Pty) Ltd

Respondent

Gerhardus Marthinus Olivier

Respondent

Gerhardus Marthinus Olivier N.O (in his capacity as trustee of the Reivilo Trust)

Respondent

Madelein Olivier N.O (in her capacity as trustee of the Reivilo Trust)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Delivered on 10 November 2016.

Legal Issues

  1. 1 Whether the agreement dated 22 April 2011 is valid in law.
  2. 2 Whether the applicants have reasonable prospects of success on appeal.
  3. 3 Whether there is any compelling reason for leave to appeal to be granted.

Ratio Decidendi

The application for leave to appeal is refused because the agreement dated 22 April 2011 is void for failure to comply with section 6(1) of the Trust Property Control Act. At the time of conclusion, the Pheiffer Family Trust was not registered and Rudi Pheiffer was not authorised to act as trustee. These facts are dispositive, and no factual context can cure the legal defect. The applicants do not enjoy reasonable prospects of success on appeal, nor is there any compelling reason for leave to appeal to be granted.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The applicants' application for leave to appeal against the judgment delivered on 10 November 2016 is dismissed.
  • The applicants are directed to pay the costs of this application jointly and severally.