Pieterse N.O. v Wessels and Another (71416/13) [2013] ZAGPPHC 461 (4 December 2013)

Pieterse N.O. v Wessels and Another (71416/13) [2013] ZAGPPHC 461 (4 December 2013)

The court found that the applicant was validly appointed as executrix of the deceased estate, as the Master in Johannesburg acted in accordance with a general arrangement between the Masters of Johannesburg and Pretoria to waive jurisdiction for the convenience of the family. Even if there were a defect in the appointment, section 4(3) of the Administration of Estates Act protected acts performed bona fide by the Master. The applicant, as executrix, was entitled under section 29(3)(e) of the Close Corporations Act to represent the deceased member in all matters, including calling meetings and passing resolutions. The respondents' collateral challenge to the appointment was inappropriate...

Citation
[2013] ZAGPPHC 461
Parties
Applicant: Wilhelmina Jacoba Pieterse N.O.; Respondent: Jan Adriaan Wessels; Respondent: Wessies Brokerage CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 December 2013
Case Number
71416/13
Procedural Posture
Urgent Application / Final Judgment on Application
Outcome
Application granted. Declaratory relief issued in favour of the applicant. Punitive costs order against the first respondent. Prohibition on payment of legal fees from close corporation assets.
Judges
Tuchten
Legal Topics
Close Corporations Act, Executor Appointment, Collateral Challenge, Meeting of Members, Costs Punitive Order
Civil Procedure Commercial and Corporate Close Corporations Act Executor Appointment Collateral Challenge Meeting of Members Costs Punitive Order

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Parties

Wilhelmina Jacoba Pieterse N.O.

Applicant

Jan Adriaan Wessels

Respondent

Wessies Brokerage CC

Respondent

Procedural Posture

Urgent Application / Final Judgment on Application

Legal Issues

  1. 1 Whether the applicant was validly appointed as executrix of the deceased estate.
  2. 2 Whether the applicant, as executrix, could act as representative of the deceased member in the close corporation.
  3. 3 Whether the meeting of members and resolutions passed were valid.

Ratio Decidendi

The court found that the applicant was validly appointed as executrix of the deceased estate, as the Master in Johannesburg acted in accordance with a general arrangement between the Masters of Johannesburg and Pretoria to waive jurisdiction for the convenience of the family. Even if there were a defect in the appointment, section 4(3) of the Administration of Estates Act protected acts performed bona fide by the Master. The applicant, as executrix, was entitled under section 29(3)(e) of the Close Corporations Act to represent the deceased member in all matters, including calling meetings and passing resolutions. The respondents' collateral challenge to the appointment was inappropriate...

Court Disposition

Application granted. Declaratory relief issued in favour of the applicant. Punitive costs order against the first respondent. Prohibition on payment of legal fees from close corporation assets.

Orders

  • It is declared that for all purposes related to the calling of meetings and passing of resolutions of Wessies Brokerage CC, Wilhelmina Jacoba Pieterse acted as the representative of Albert John Harper as contemplated by s 29(3)(c) of the Close Corporations Act.
  • It is declared that the meeting of members of the CC scheduled for 7 November 2013 and adjourned to 15 November 2013 was a duly convened meeting.