Steyn NO and Others v Blockpave (Pty) Ltd (2959/2010)
Steyn NO and Others v Blockpave (Pty) Ltd (2959/2010) [2010] ZAFSHC 134 (12 October 2010)
The court found that the Dries Steyn Trust was not properly before the court because no valid resolution was taken by the full complement of trustees to institute proceedings against the respondent. The minutes relied upon did not evidence a decision to sue, nor was there a written resolution signed by all trustees as required by the trust deed. The absence and subsequent resignation of the third trustee rendered the trust incapable of acting, as the minimum number of trustees required by the trust deed was not met and the replacement trustee had not yet been authorised by the Master. The spe…
Source excerpt
- Trustee Authority
- Resolution Requirement
- Special Power Of Attorney
- Majority Vote In Trust
- Quorum And Decision Making