Van Wyk v Daberas Adventures CC (1431/2016) [2018] ZANCHC 31 (1 June 2018)

Van Wyk v Daberas Adventures CC (1431/2016) [2018] ZANCHC 31 (1 June 2018)

The court held that the appellant was properly authorised by all serving trustees to institute proceedings on behalf of the trust. The absence of Mr B C Van Wyk, who had ceased to be a trustee due to sequestration, did not invalidate the resolution, as unanimous decisions by all serving trustees were permissible under the trust deed. The delegation of the power to institute proceedings was valid, as it did not amount to an abdication of fundamental discretionary powers and was not prohibited by the trust deed. The failure to join all trustees as applicants was not fatal, as there was clear evidence that all trustees acted jointly and authorised the appellant. The court set aside the order...

Citation
[2018] ZANCHC 31
Parties
Appellant: Mariana Van Wyk; Respondent: Daberas Adventures CC
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 June 2018
Case Number
1431/2016
Procedural Posture
Civil Appeal / Special Review
Outcome
Appeal upheld; order of the court a quo set aside; in limine objection to locus standi dismissed with costs; matter remitted for further hearing; respondent to pay costs of appeal including condonation and leave to appeal.
Judges
Williams, Olivier, Mamosebo
Legal Topics
Trustee Authorisation, Locus Standi, Joinder of Trustees, Delegation of Trustee Powers
Civil Procedure Land and Property Trustee Authorisation Locus Standi Joinder of Trustees Delegation of Trustee Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Mariana Van Wyk

Appellant

Daberas Adventures CC

Respondent

Procedural Posture

Civil Appeal / Special Review

Legal Issues

  1. 1 Whether the appellant had locus standi to institute proceedings on behalf of the trust.
  2. 2 Whether the absence of a vote by a former trustee invalidated the authorisation resolution.
  3. 3 Whether the delegation of power to institute proceedings was permissible under the trust deed.

Ratio Decidendi

The court held that the appellant was properly authorised by all serving trustees to institute proceedings on behalf of the trust. The absence of Mr B C Van Wyk, who had ceased to be a trustee due to sequestration, did not invalidate the resolution, as unanimous decisions by all serving trustees were permissible under the trust deed. The delegation of the power to institute proceedings was valid, as it did not amount to an abdication of fundamental discretionary powers and was not prohibited by the trust deed. The failure to join all trustees as applicants was not fatal, as there was clear evidence that all trustees acted jointly and authorised the appellant. The court set aside the order...

Court Disposition

Appeal upheld; order of the court a quo set aside; in limine objection to locus standi dismissed with costs; matter remitted for further hearing; respondent to pay costs of appeal including condonation and leave to appeal.

Orders

  • The orders of the court a quo upholding the in limine point regarding applicant's locus standi and dismissing the application with costs are set aside.
  • The in limine objection to the applicant's locus standi is dismissed with costs.