South Africa Case Law

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

Tek Corporation Provident Fund and Others v Lorentz (490/97)

Tek Corporation Provident Fund and Others v Lorentz (490/97) [1999] ZASCA 54; [1999] 4 All SA 297 (A); 1999 (4) SA 884 (SCA); (1999) 20 ILJ 2797 (SCA) (3 September 1999)

Court

Supreme Court of Appeal

Case number

490/97

Judges

Van Heerden, Smalberger, Grosskopf, Howie, Marais

The SCA held that pension fund surplus could not lawfully be used to avoid employer contributions to a provident fund, but other relief ordered below was set aside.

• Pension Fund Surplus
• Contribution Holiday
• Fiduciary Duties Of Trustees
• Statutory Interpretation
• Transfer Of Fund Assets
• Pension-fund-surplus