Warricker NO and Others v Master of the High Court, Johannesburg (28265/15) [2017] ZAGPJHC 74 (14 March 2017)

Warricker NO and Others v Master of the High Court, Johannesburg (28265/15) [2017] ZAGPJHC 74 (14 March 2017)

The court found that the Master was obliged to consider the applicants' request for a special fee at the stage of the First Liquidation and Distribution Account, as the relevant work had already been performed and the remuneration for that work was due for determination. The Master's decision to defer consideration of the special fee and refuse confirmation of the account constituted administrative action reviewable under section 6(2) of PAJA. The respondent erred in law by deferring the decision to a later stage, as the discretion to increase or decrease fees must be exercised when the event arises. The court declined to confirm the account itself, as the taxing of trustees' fees is...

Citation
[2017] ZAGPJHC 74
Parties
Applicant: Gail Liyn Warricker N.O.; Applicant: Johannes Hendricus Du Plessis N.O.; Applicant: Juanito Martins Damons N.O.; Respondent: The Master of the High Court, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
14 March 2017
Case Number
28265/15
Procedural Posture
Review Application / Judgment
Outcome
Application granted in part: the respondent's decision not to confirm the First Liquidation and Distribution Account and to defer consideration of the special fee is reviewed and set aside; the account is referred back for confirmation by a different Assistant Master; costs to be costs in the insolvent estate.
Judges
C J Van der Westhuizen
Legal Topics
Promotion of Administrative Justice Act, Trustee Remuneration, Liquidation and Distribution Account, Judicial Review of Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Trustee Remuneration Liquidation and Distribution Account Judicial Review of Administrative Action

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Parties

Gail Liyn Warricker N.O.

Applicant

Johannes Hendricus Du Plessis N.O.

Applicant

Juanito Martins Damons N.O.

Applicant

The Master of the High Court, Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Master was obliged to consider the applicants' request for a special fee at the stage of the First Liquidation and Distribution Account.
  2. 2 Whether the decision to defer consideration of the special fee and refusal to confirm the account constitutes reviewable administrative action under PAJA.
  3. 3 Whether the applicants are entitled to relief in the form of confirmation or referral of the account.

Ratio Decidendi

The court found that the Master was obliged to consider the applicants' request for a special fee at the stage of the First Liquidation and Distribution Account, as the relevant work had already been performed and the remuneration for that work was due for determination. The Master's decision to defer consideration of the special fee and refuse confirmation of the account constituted administrative action reviewable under section 6(2) of PAJA. The respondent erred in law by deferring the decision to a later stage, as the discretion to increase or decrease fees must be exercised when the event arises. The court declined to confirm the account itself, as the taxing of trustees' fees is...

Court Disposition

Application granted in part: the respondent's decision not to confirm the First Liquidation and Distribution Account and to defer consideration of the special fee is reviewed and set aside; the account is referred back for confirmation by a different Assistant Master; costs to be costs in the insolvent estate.

Orders

  • The respondent's decision not to confirm the First Liquidation and Distribution Account in the insolvent estate of JM Wiggil (Master's Ref.: G1077/13) lodged on 13 August 2014 is reviewed and set aside.
  • The aforesaid account is referred back to the respondent for confirmation, such referral is to a different Assistant Master other than Ms Luiters.