Skye v Knoop N.O. and Others (9064/2010) [2014] ZAKZPHC 35 (28 May 2014)

Skye v Knoop N.O. and Others (9064/2010) [2014] ZAKZPHC 35 (28 May 2014)

The court found that the applicant lacked locus standi because, upon his sequestration, all assets including the disputed shares vested in his trustees. The applicant failed to disclose the shares in his statement of affairs and had previously indicated that he relinquished his shareholding. Rehabilitation did not reinvest him with the shares, as they remained vested in the trustees for the purposes of realization and distribution. Furthermore, the remaining trustee had a direct and substantial interest in the relief sought, and the applicant's failure to join the trustee was fatal. The issues of locus standi and non-joinder constituted insurmountable obstacles, and the application was...

Citation
[2014] ZAKZPHC 35
Parties
Applicant: Anthony John George Skye; Respondent: Kurt Robert Knoop N.O.; Respondent: Mahmood Essop Kajee N.O.; Respondent: Shaukat Moosa N.O.; Respondent: The Master of the High Court Pietermaritzburg; Respondent: Goolam Hoosen Moosa N.O.; Respondent: Salim Mahomed Moosa N.O.; Respondent: Harry John Richard Fouche N.O.
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
28 May 2014
Case Number
9064/2010
Procedural Posture
Civil Application / Oral Evidence on Preliminary Points (locus Standi and Non Joinder) Heard and Determined in Limine
Outcome
Application dismissed with costs, including costs of two counsel where so employed.
Judges
Seegobin
Legal Topics
Locus Standi, Non Joinder, Company Liquidation, Rehabilitation of Insolvent, Beneficial Ownership of Shares
Civil Procedure Commercial and Corporate Locus Standi Non Joinder Company Liquidation Rehabilitation of Insolvent Beneficial Ownership of Shares

Case Brief

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Parties

Anthony John George Skye

Applicant

Kurt Robert Knoop N.O.

Respondent

Mahmood Essop Kajee N.O.

Respondent

Shaukat Moosa N.O.

Respondent

The Master of the High Court Pietermaritzburg

Respondent

Goolam Hoosen Moosa N.O.

Respondent

Salim Mahomed Moosa N.O.

Respondent

Harry John Richard Fouche N.O.

Respondent

Procedural Posture

Civil Application / Oral Evidence on Preliminary Points (locus Standi and Non Joinder) Heard and Determined in Limine

Legal Issues

  1. 1 Whether the applicant has locus standi to pursue the relief sought in the amended notice of motion.
  2. 2 Whether the application should be dismissed for failure to join the remaining trustee in the sequestrated estate of the applicant.

Ratio Decidendi

The court found that the applicant lacked locus standi because, upon his sequestration, all assets including the disputed shares vested in his trustees. The applicant failed to disclose the shares in his statement of affairs and had previously indicated that he relinquished his shareholding. Rehabilitation did not reinvest him with the shares, as they remained vested in the trustees for the purposes of realization and distribution. Furthermore, the remaining trustee had a direct and substantial interest in the relief sought, and the applicant's failure to join the trustee was fatal. The issues of locus standi and non-joinder constituted insurmountable obstacles, and the application was...

Court Disposition

Application dismissed with costs, including costs of two counsel where so employed.

Orders

  • The application is dismissed with costs, such costs to be paid on a party and party scale and to include the costs of two counsel where two counsel were employed.