PQR 82 Properties (Pty) Ltd v Erasmus NO (2014/49407) [2018] ZAGPPHC 280 (18 January 2018)

PQR 82 Properties (Pty) Ltd v Erasmus NO (2014/49407) [2018] ZAGPPHC 280 (18 January 2018)

The applicant is entitled to a statement and debatement of account from the respondent for rental payments received from the tenant for the period August 2013 to May 2014, as the respondent did not dispute liability and the forensic audit provided was insufficient. The respondent's counterclaim is dismissed as there is no fiduciary relationship between the respondent (as executrix) and the applicant, nor any contractual or statutory duty. The applicant is entitled to repayment of R250,000.00 paid from its account for the deceased's personal debt, as the payment was made without the knowledge or consent of the co-director and was therefore unlawful and irregular. The claim is competent...

Citation
[2018] ZAGPPHC 280
Parties
Applicant: PQR 82 Properties (Pty) Ltd; Respondent: Geraldean Jayde Erasmus N.O.
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
18 January 2018
Case Number
2014/49407
Procedural Posture
Civil Application / Judgment
Outcome
Application granted in part; counter-application dismissed.
Judges
Du Plessis
Legal Topics
Statement and Debatement of Account, Fiduciary Duties, Repayment of Unlawful Payment, Company Director Liability
Civil Procedure Commercial and Corporate Statement and Debatement of Account Fiduciary Duties Repayment of Unlawful Payment Company Director Liability

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PQR 82 Properties (Pty) Ltd

Applicant

Geraldean Jayde Erasmus N.O.

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Is the applicant entitled to a statement and debatement of account from the respondent for rental payments received from the tenant for the specified period.
  2. 2 Is the respondent entitled to a counterclaim for a statement and debatement of account from the applicant based on a fiduciary relationship.
  3. 3 Is the applicant entitled to repayment of R250,000.00 paid from its account for the deceased's personal debt.

Ratio Decidendi

The applicant is entitled to a statement and debatement of account from the respondent for rental payments received from the tenant for the period August 2013 to May 2014, as the respondent did not dispute liability and the forensic audit provided was insufficient. The respondent's counterclaim is dismissed as there is no fiduciary relationship between the respondent (as executrix) and the applicant, nor any contractual or statutory duty. The applicant is entitled to repayment of R250,000.00 paid from its account for the deceased's personal debt, as the payment was made without the knowledge or consent of the co-director and was therefore unlawful and irregular. The claim is competent...

Court Disposition

Application granted in part; counter-application dismissed.

Orders

  • The respondent must provide the applicant with an account reflecting all amounts received by the deceased estate from the tenant of the immovable property at 7 Les Jardins, 43 Berkeley Avenue, Bryanston, under the lease agreement dated 17 July 2012, for the period 1 August 2013 to 31 May 2014, within 14 calendar days.
  • The account must include a list of all amounts received, dates of receipt, separated by rental and utilities, and attached copies of payment receipts or bank statements.