Madelung and Another v Master of the High Court, Cape Town and Others (3430/2022)
Madelung and Another v Master of the High Court, Cape Town and Others (3430/2022) [2023] ZAWCHC 282 (10 November 2023)
The application for declaratory relief was dismissed as moot because the Final Account superseded the Disputed Account and the objections would be considered afresh by the Master. The High Court does not have discretion to decide moot matters, as established by binding precedent. Regarding costs, the executor was ordered to pay the costs of the main application because the Final Account was only filed shortly before the hearing without explanation, and the grounds for opposing the main application were weak. The applicants were ordered to pay the costs of the counter-application because their…
Source excerpt
- Administration Of Estates Act
- Executor Powers
- Interim Liquidation And Distribution Account
- Costs In Moot Cases
- Principle Of Legality