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South Africa decisions
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Kok v Hill N.O and Others (2024/031287) [2025] ZAGPJHC 492 (20 May 2025)
The High Court dismissed a review aimed at overturning trusteesâ repudiation of a property sale after insolvency, finding no procedural irregularity and no vulnerable purchaser status.
Letsoalo and Others v Lukhaimane NO and Others (48743/16) [2017] ZAGPPHC 1246 (13 December 2017)
The High Court dismissed a section 30P challenge to a pension fund adjudicatorâs ruling, finding the trustees properly applied section 37C to the death benefit.
Maree N.O. and Others v Van Rensburg and Others (1453/2014) [2017] ZAFSHC 78 (18 May 2017)
The court found that the applicants failed to demonstrate any material or appealable misdirection in the judgment of the court a quo. The trust deed, although forming part of estate planning, is not a testamentary document but an inter vivos trust, and is subject to principles of contract interpretation. The prevailing legal approach requires that all documents, including trust deeds, be interpreted in light of their context and the circumstances of their creation. The trustees' discretion is not absolute and is limited by both the trust deed and common law principles of impartiality and goodâŚ
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De Beers Pension Fund v Pension Fund Adjudicator and Another (43222/13) [2014] ZAGPPHC 839 (7 October 2014)
High Court review of a pension fund adjudication. The court upheld the trusteesâ refusal of ill-health retirement benefits and set aside the Adjudicatorâs award.
Berge v Alexander Forbes Retirement Fund (Pension Section) and Another (04/31647) [2006] ZAGPHC 241 (18 April 2006)
High Court review of a pension fund death-benefit distribution and Adjudicator ruling; application dismissed because the trustees acted fairly and lawfully.
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