T.S.G v J.G and Others (31558/2021) [2023] ZAGPJHC 110 (10 February 2023)

T.S.G v J.G and Others (31558/2021) [2023] ZAGPJHC 110 (10 February 2023)

The court found that the applicant is a co-settlor of the BT EDU Trust, having jointly agreed to its formation in the divorce settlement agreement, which was made an order of court. As such, she has standing to bring the application and is entitled to information about the trust's affairs. However, the conduct of the trustees and the first respondent, while causing confusion and frustration, did not amount to mala fide mismanagement or imperil the trust property. The applicant failed to establish grounds for removal of the trustees, appointment of a new trustee, repayment of funds by the first respondent, or amendment of the trust deed. The application was dismissed, with each party...

Citation
[2023] ZAGPJHC 110
Parties
Applicant: T.S.G; Respondent: J.G; Respondent: Standard Trust Limited; Respondent: Lerato Mogodiri/Sibongile Langa; Respondent: Master of the High Court Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 February 2023
Case Number
31558/2021
Procedural Posture
Civil Application / Final Judgment
Outcome
Application dismissed. Each party to bear its own costs.
Judges
Vally
Legal Topics
Trust Instruments, Removal of Trustee, Parental Responsibility, Maintenance Orders
Family and Children Civil Procedure Trust Instruments Removal of Trustee Parental Responsibility Maintenance Orders

Case Brief

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Parties

T.S.G

Applicant

J.G

Respondent

Standard Trust Limited

Respondent

Lerato Mogodiri/Sibongile Langa

Respondent

Master of the High Court Johannesburg

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the applicant has standing to seek removal of trustees of the BT EDU Trust.
  2. 2 Whether the applicant is entitled to information and documents relating to the trust.
  3. 3 Whether the first respondent must repay monies withdrawn from trust investments.

Ratio Decidendi

The court found that the applicant is a co-settlor of the BT EDU Trust, having jointly agreed to its formation in the divorce settlement agreement, which was made an order of court. As such, she has standing to bring the application and is entitled to information about the trust's affairs. However, the conduct of the trustees and the first respondent, while causing confusion and frustration, did not amount to mala fide mismanagement or imperil the trust property. The applicant failed to establish grounds for removal of the trustees, appointment of a new trustee, repayment of funds by the first respondent, or amendment of the trust deed. The application was dismissed, with each party...

Court Disposition

Application dismissed. Each party to bear its own costs.

Orders

  • The application is dismissed.
  • Each party to bear its own costs.