Van Rooyen obo M.G.N v Road Accident Fund (77303/2018) [2021] ZAGPPHC 334 (17 May 2021)

Van Rooyen obo M.G.N v Road Accident Fund (77303/2018) [2021] ZAGPPHC 334 (17 May 2021)

The court found that while the curatrix ad litem may bind the minor to a trust during minority, such a trust cannot continue into majority unless the requirements for binding contracts are met: the contract must be beneficial and the minor must have been assisted, not merely represented. There was no evidence that the minor was involved in the decision to place the award in trust or that he consented. The expert reports did not address his legal capacity to manage his affairs upon attaining majority. Without a finding of incapacity or express consent, the court has no authority to deprive the minor of his proprietary rights after majority. The proposed trust deed gave unfettered...

Citation
[2021] ZAGPPHC 334
Parties
Plaintiff: Adv M Van Rooyen obo M G N[...]; Defendant: Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 May 2021
Case Number
77303/2018
Procedural Posture
Civil Action / Settlement and Final Order
Outcome
Claim upheld in part; award to be paid and protected by trust during minority, with trust to terminate six months after majority unless further order is made.
Judges
K Strydom
Legal Topics
Curatorship, Trusts for Minors, Road Accident Fund, Mental Capacity, Best Interests of Child, Damages Award Protection
Civil Procedure Delict Family and Children Curatorship Trusts for Minors Road Accident Fund Mental Capacity Best Interests of Child +1 more

Case Brief

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Parties

Adv M Van Rooyen obo M G N[...]

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Action / Settlement and Final Order

Legal Issues

  1. 1 Whether the court can bind a minor to a trust that continues into majority without a finding of incapacity.
  2. 2 Whether the proposed trust deed unduly restricts the minor's proprietary rights after attaining majority.
  3. 3 Whether the minor can ratify or consent to the trust upon reaching majority.

Ratio Decidendi

The court found that while the curatrix ad litem may bind the minor to a trust during minority, such a trust cannot continue into majority unless the requirements for binding contracts are met: the contract must be beneficial and the minor must have been assisted, not merely represented. There was no evidence that the minor was involved in the decision to place the award in trust or that he consented. The expert reports did not address his legal capacity to manage his affairs upon attaining majority. Without a finding of incapacity or express consent, the court has no authority to deprive the minor of his proprietary rights after majority. The proposed trust deed gave unfettered...

Court Disposition

Claim upheld in part; award to be paid and protected by trust during minority, with trust to terminate six months after majority unless further order is made.

Orders

  • The defendant is ordered to pay R3,666,088.00 to the plaintiff, as curatrix ad litem, for the benefit of M G N[...], in full and final settlement.
  • Payment and costs to be made within 180 days after settlement or taxation.