South Africa Case Law

S.A.T v G.J.T (2019/22224)

S.A.T v G.J.T (2019/22224) [2025] ZAGPJHC 44 (24 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2019/22224

Judge

M V Noko

The court found that the applicant had demonstrated a material change in circumstances since the previous order, as several new interlocutory applications had arisen and the respondent had failed to comply with the prior order for contribution. The applicant remains unemployed and does not have guaranteed access to trust funds, as payment depends on trustee discretion. The respondent is of substantial means and has not shown any deterioration in his financial position. The court accepted that costs for interlocutory applications, except those already covered by the previous order (such as the…

Source excerpt

• Rule 43 Contribution
• Divorce Litigation
• Discretionary Trusts
• Material Change In Circumstances
• Equality Of Arms

Kruth v Rall N.O. and Others (14625/2021)

Kruth v Rall N.O. and Others (14625/2021) [2023] ZAWCHC 196; 2023 (6) SA 514 (WCC) (18 July 2023)

Court

Western Cape High Court, Cape Town

Case number

14625/2021

Judge

Mangcu-Lockwood

A trust beneficiary sought financial statements and documents from trustees. The High Court dismissed the application, finding no vested right or proven breach.

• Trust Beneficiary Rights
• Trust Property Control Act
• Fiduciary Duties
• Access To Information
• Discretionary Trusts
• Trust-beneficiary-rights

Griessel NO and Others v De Kock and Another (334/18)

Griessel NO and Others v De Kock and Another (334/18) [2019] ZASCA 95; 2019 (5) SA 396 (SCA) (6 June 2019)

Court

Supreme Court of Appeal

Case number

334/18

Judges

Navsa, Leach, Majiedt, Molemela, Davis

The SCA held that contingent beneficiaries in a discretionary trust may be protected against arbitrary discrimination, but set aside the additional-trustee and punitive-costs orders.

• Trusts
• Discretionary Trusts
• Beneficiary Rights
• Fiduciary Duties
• Costs Orders
• Discretionary-trusts