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South Africa Case Law

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Commercial And Corporate [2018] ZASCA 62

Mostert and Others v Nash and Another (604/2017)

Mostert and Others v Nash and Another (604/2017) [2018] ZASCA 62; [2018] 3 All SA 1 (SCA); 2018 (5) SA 409 (SCA) (21 May 2018)

Court
Supreme Court of Appeal
Case number
604/2017
Judges
Ponnan, Wallis, Willis, Swain, Pillay

The Supreme Court of Appeal held that the fee agreement between the curator and the Financial Services Board, which provided for remuneration as a percentage of amounts recovered for the Sable Industries Pension Fund, was not in accordance with the norms of the attorneys' profession as required by paragraph 9 of the curatorship order. The evidence established that the conventional norm for attorney remuneration is an hourly rate, not a percentage of recoveries, unless specifically authorized by the court. While such contingency arrangements are not per se unlawful and may be authorized by the…

Source excerpt

  • Curatorship Remuneration
  • Contingency Fees Act
  • Public Policy In Contracts
  • Pension Fund Surplus
  • Administrative Action Review
  • Locus Standi
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Administrative Law [2014] ZAGPPHC 7

Jones N.O v Master, North Gauteng High Court, Pretoria and Others (110/2011)

Jones N.O v Master, North Gauteng High Court, Pretoria and Others (110/2011) [2014] ZAGPPHC 7 (31 January 2014)

Court
North Gauteng High Court, Pretoria
Case number
110/2011
Judge
Dewrance

The court found that the applicant had locus standi as an aggrieved person under section 95 of the Administration of Estates Act, despite launching the review in his official capacity. The court granted condonation for the late filing of the review, noting that the applicant's explanations, while sketchy, did not warrant closing the door on the merits of the review. The Master's decision to disallow the fees of Mrs Berrange was upheld, as her services were deemed unnecessary and duplicative of duties that could be performed by the curator ad personam. The accounting fees of Haigh and Harris w…

Source excerpt

  • Administration Of Estates Act
  • Curatorship Remuneration
  • Review Of Administrative Action
  • Delegation Of Duties
  • Condonation For Delay
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.