Van Rensburg v Knuth (3892/2010) [2014] ZAECPEHC 12 (11 March 2014)

Van Rensburg v Knuth (3892/2010) [2014] ZAECPEHC 12 (11 March 2014)

The court found that the respondent failed to discharge the onus of proving the existence of an oral agreement to amend the trustee fee split. There was no written record or credible contemporaneous evidence supporting the respondent's version. The evidence of Mr Glanville did not establish the details or timing of the alleged agreement, and both he and the respondent expressed surprise at the applicant's supposed consent. The court accepted the applicant's explanation for not immediately disputing the fee split and found his conduct reasonable. The default position of equal sharing of trustee fees applied, and the applicant was entitled to payment of his share.

Citation
[2014] ZAECPEHC 12
Parties
Applicant: Jacobus Hendrikus Janse Van Rensburg; Respondent: Romana Bernadette Knuth
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
11 March 2014
Case Number
3892/2010
Procedural Posture
Civil Application / Final Judgment After Referral to Oral Evidence
Outcome
Application granted in favour of the applicant.
Judges
N Dambuza
Legal Topics
Trustee Fee Dispute, Liquidation and Distribution Account, Oral Agreement, Onus of Proof
Civil Procedure Commercial and Corporate Trustee Fee Dispute Liquidation and Distribution Account Oral Agreement Onus of Proof

Case Brief

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Parties

Jacobus Hendrikus Janse Van Rensburg

Applicant

Romana Bernadette Knuth

Respondent

Procedural Posture

Civil Application / Final Judgment After Referral to Oral Evidence

Legal Issues

  1. 1 Whether the parties concluded an oral agreement to amend the trustee fee split to 80%:20% in favour of the respondent.
  2. 2 Whether, in the absence of a specific agreement, the default position of equal sharing of trustee fees applies.
  3. 3 Whether the respondent discharged the onus of proving the alleged oral agreement.

Ratio Decidendi

The court found that the respondent failed to discharge the onus of proving the existence of an oral agreement to amend the trustee fee split. There was no written record or credible contemporaneous evidence supporting the respondent's version. The evidence of Mr Glanville did not establish the details or timing of the alleged agreement, and both he and the respondent expressed surprise at the applicant's supposed consent. The court accepted the applicant's explanation for not immediately disputing the fee split and found his conduct reasonable. The default position of equal sharing of trustee fees applied, and the applicant was entitled to payment of his share.

Court Disposition

Application granted in favour of the applicant.

Orders

  • The respondent is ordered to pay the applicant the amount of R168,791.91.
  • Interest thereon at the legal rate from 12 November 2010 to date of payment.