Phillips and Others v van den Heever NO and Others (A5055/05)
Phillips and Others v van den Heever NO and Others (A5055/05) [2007] ZAGPHC 12; [2007] 3 All SA 159 (W); 2007 (4) SA 511 (W) (8 March 2007)
The court held that the costs orders made against van den Heever were issued against him in his representative capacity as curator bonis, not personally. The absence of explicit wording such as 'de bonis propriis' and the context of the orders, which consistently cited van den Heever in his representative capacity, indicated no intention to impose personal liability. Section 78 of POCA further shields curators from personal liability for actions taken in good faith. The court found no evidence that van den Heever was warned or found to have acted in bad faith or outside his fiduciary duties i…
Source excerpt
- Curatorship Liability
- Costs Orders
- Arbitration Award Enforcement
- Taxation Of Costs
- Restraint Order Under Poca