Breetzke and Others NNO v Alexander NO and Others (232/2019)
Breetzke and Others NNO v Alexander NO and Others (232/2019) [2020] ZASCA 97; [2020] 4 All SA 374 (GP); 2020 (6) SA 360 (SCA) (2 September 2020)
The Supreme Court of Appeal held that a company which knowingly participates in a trustee's breach of fiduciary duty, and benefits from that breach, is liable in delict to the beneficiaries for losses arising from the breach. The court found that the allegation of knowing participation suffices to plead wrongfulness, and that the particulars of claim against Ziningi Properties (Pty) Ltd were not excipiable. The court relied on established authority, including Yorkshire Insurance and Gross v Pentz, confirming that joint liability arises where a third party knowingly aids or facilitates a breac…
Source excerpt
- Breach Of Fiduciary Duty
- Knowing Participation In Breach Of Trust
- Pure Economic Loss
- Wrongfulness In Delict
- Corporate Separateness
- Exception Procedure