Meier and Others v Du Toit N.O and Others (20736/2021)
Meier and Others v Du Toit N.O and Others (20736/2021) [2023] ZAWCHC 36 (27 February 2023)
The court found that the applicant was unlawfully excluded from trustee meetings and deprived of notice and the opportunity to be heard, in breach of the trust deed's requirements for joint action and proper procedure. The meetings at which Van Zyl and Du Toit were appointed, and the applicant was removed, were not validly constituted, as the applicant was intentionally excluded and no proper written instrument was executed by the donor as required by the trust deed. The removal was arbitrary and unsupported by good cause. The appointments of Van Zyl and Du Toit as trustees were invalid, and…
Source excerpt
- Trustee Removal
- Trust Deed Interpretation
- Joint Action Of Trustees
- Arbitrary Decision
- Notice And Hearing
- Appointment Of Trustees