South Africa Case Law

P A F v S C F (788/2020)

P A F v S C F (788/2020) [2022] ZASCA 101; 2022 (6) SA 162 (SCA) (22 June 2022)

Court

Supreme Court of Appeal

Case number

788/2020

Judges

Dambuza, Molemela, Makgoka, Makaula, Weiner

The Supreme Court of Appeal refused the application for special leave to appeal. The court found no exceptional circumstances justifying the admission of further evidence on appeal, as the legal opinion sought to be introduced was not conclusive or decisive. The applicant failed to provide a satisfactory explanation for the delay in prosecuting the appeal, and the full court exercised its discretion judicially in refusing condonation. On the merits, the court held that where a spouse abuses the trust form to reduce the other spouse's accrual claim, the court is empowered under common law to p…

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• Accrual System
• Trust Form Abuse
• Piercing Trust Veneer
• Condonation
• Leave To Lead Further Evidence

E.E.V.W v P.J.V.W and Others (627/2016)

E.E.V.W v P.J.V.W and Others (627/2016) [2017] ZANCHC 26 (31 January 2017)

Court

Northern Cape High Court, Kimberley

Case number

627/2016

Judge

Erasmus AJ

The High Court joined trustees of a family trust as defendants in a divorce action, holding the trust had a direct and substantial interest in the accrual dispute.

• Joinder Of Parties
• Accrual System
• Piercing Trust Veneer
• Matrimonial Property Act
• Declaratory Relief
• Joinder-of-parties

Van der Merwe NO and Others v Hydraberg Hydraulics CC and Others, Van der Merwe NO and Others v Bosman and Others (12742/09, 22837/09)

Van der Merwe NO and Others v Hydraberg Hydraulics CC and Others, Van der Merwe NO and Others v Bosman and Others (12742/09, 22837/09) [2010] ZAWCHC 129; 2010 (5) SA 555 (WCC) (17 June 2010)

Court

Western Cape High Court, Cape Town

Case number

12742/09, 22837/09

Judge

Binns-Ward

The court found that the contract for the sale of the business and fixed property was void due to non-compliance with the Alienation of Land Act. Specifically, the Hydraberg Property Trust was not properly represented, as only two of three trustees signed the contract without written authority from all trustees acting jointly. The trust instrument required joint action and notice to all trustees, which was not followed. The court rejected the applicants' reliance on the Turquand rule, finding it inapplicable to trusts in this context. Although the court recognised an abuse of the trust form b…

Source excerpt

• Alienation Of Land Act
• Rectification Of Contract
• Trustee Capacity
• Restraint Of Trade
• Piercing Trust Veneer
• Costs Discretion