Theron NO and Others v Loubser and Others, Theron NO and Another v Loubser and Others, Theron NO and Another v Loubser and Others (12237/06, 12238/06, 13978/11) [2012] ZAWCHC 143 (15 June 2012)

Theron NO and Others v Loubser and Others, Theron NO and Another v Loubser and Others, Theron NO and Another v Loubser and Others (12237/06, 12238/06, 13978/11) [2012] ZAWCHC 143 (15 June 2012)

The court found that the removal of the Therons as trustees of the Jacknet Trust was invalid because the Loubsers failed to prove that proper notice of the trustees meeting was given, especially since they knew the Therons were away and could not receive the notice. In the Namakwari and 2011 applications, the court held that the Therons lacked locus standi as they did not provide evidence of trustee resolutions authorising the proceedings, failed to join all necessary parties, and did not establish a direct interest in the trust property. The court refused to admit late affidavits attempting to cure these defects. Costs were awarded against the unsuccessful parties in each application,...

Citation
[2012] ZAWCHC 143
Parties
Applicant: Gideon Johannes Jacobus Theron N.O.; Applicant: Antoinette Theron N.O.; Applicant: Gideon Johannes Jacobus Theron; Applicant: Antoinette Theron; Respondent: Andrew Thomas Loubser; Respondent: Anna Loubser; Respondent: The Master of the High Court
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
15 June 2012
Case Number
12237/06, 12238/06, 13978/11
Procedural Posture
Civil Application / Judgment Delivered After Hearing on Merits and Preliminary Points
Outcome
Jacknet application: Declaratory relief granted in favour of the Therons; Namakwari and 2011 applications dismissed for lack of locus standi.
Judges
Cloete
Legal Topics
Trustee Removal, Locus Standi, Trust Deed Interpretation, Notice Requirements, Costs Orders
Land and Property Civil Procedure Trustee Removal Locus Standi Trust Deed Interpretation Notice Requirements Costs Orders

Case Brief

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Parties

Gideon Johannes Jacobus Theron N.O.

Applicant

Antoinette Theron N.O.

Applicant

Gideon Johannes Jacobus Theron

Applicant

Antoinette Theron

Applicant

Andrew Thomas Loubser

Respondent

Anna Loubser

Respondent

The Master of the High Court

Respondent

Procedural Posture

Civil Application / Judgment Delivered After Hearing on Merits and Preliminary Points

Legal Issues

  1. 1 Whether the removal of the Therons as trustees of the Jacknet Trust was valid and procedurally compliant.
  2. 2 Whether the Therons had locus standi to bring the Namakwari application.
  3. 3 Whether the Therons had locus standi to seek the removal of the Loubsers as trustees in the 2011 application due to alleged insolvency acts.

Ratio Decidendi

The court found that the removal of the Therons as trustees of the Jacknet Trust was invalid because the Loubsers failed to prove that proper notice of the trustees meeting was given, especially since they knew the Therons were away and could not receive the notice. In the Namakwari and 2011 applications, the court held that the Therons lacked locus standi as they did not provide evidence of trustee resolutions authorising the proceedings, failed to join all necessary parties, and did not establish a direct interest in the trust property. The court refused to admit late affidavits attempting to cure these defects. Costs were awarded against the unsuccessful parties in each application,...

Court Disposition

Jacknet application: Declaratory relief granted in favour of the Therons; Namakwari and 2011 applications dismissed for lack of locus standi.

Orders

  • The resolution taken by the first and second respondents on 31 March 2005 to discharge the first and second applicants as trustees of the Jacknet Trust (IT 951/95) is declared void and of no force and effect.
  • It is declared that the first and second applicants and the first and second respondents are the trustees of the Jacknet Trust.