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Kwezi N.O and Others v Kupiso (2025/013976) [2025] ZAGPJHC 118 (17 February 2025)
An urgent contempt application succeeded after the court found the respondent breached a prior trust-related order and used third parties to undermine the trust.
Ex Parte: Dicks N.O and Another v Nkadimeng and Another [2023] ZAGPPHC 70; 2023-006240 (7 February 2023)
The court found that the trustees had already identified the vehicles and made contact with the respondents, who disputed the trustees' entitlement and referred them to their lawyer. The application was brought ex-parte more than two months after the respondents were made aware of the trustees' intentions. The court held that the audi alteram partem principle applies in cases where property is not concealed but openly held and the right to possession is disputed. The applicants failed to substantiate any real risk that the assets would be destroyed or concealed if notice was given. The author…
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Wilkinson v Magistrate Ramahanelo N.O and Others (14668/2021) [2021] ZAGPPHC 193 (6 April 2021)
The High Court barred a non-proven creditor from attending a section 152 insolvency enquiry, finding its involvement would abuse the process in pending litigation.
De Hart v Kelsey NO and Others (3921/2016) [2020] ZAFSHC 222 (9 October 2020)
Leave to appeal was dismissed because the applicant failed to show reasonable prospects of success on the oral agreement, damages, or trustee-duty findings.
Ex parte: John William Snooke (752/2014) [2014] ZAFSHC 96; 2014 (5) SA 426 (FB) (27 June 2014)
The court finds that, although the applicant has formally complied with section 124(3) of the Insolvency Act, the process was marred by excessive legal costs, inadequate notification and reporting to creditors, and failure to distribute the free residue of the estate. The court expresses grave concern over the abuse of voluntary surrender procedures and the lack of benefit to creditors, noting that the only parties to benefit were the applicant, his attorney, and the trustees. The court holds that rehabilitation should not be granted until creditors are properly notified, given an opportunity…
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Wiid and Others v Wiid and Others (1571 / 2006) [2012] ZANCHC 62 (13 January 2012)
The court found that the trustees failed to exercise independent and prudent discretion when leasing trust assets to the third defendant at rates significantly below market value and allowing free use of wildlife, thereby causing substantial financial loss to the trust and unfairly benefiting one beneficiary over others. The trustees acted under the undue influence of the deceased founder and neglected their statutory and common law duties to act in the best interests of all beneficiaries. Their conduct amounted to gross negligence and a breach of fiduciary duty. The court held the first to f…
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Muller v Kaplan NO and Others (14732/10) [2011] ZAGPJHC 46 (17 May 2011)
The applicant, as a rehabilitated insolvent, retains a residual interest in the estate and has standing to compel the trustees to act where they have failed to do so. Nedbank Limited's securities, originally securing pre-sequestration debts, no longer secure any valid obligation and must be cancelled; Nedbank cannot retain securities for a post-sequestration costs claim. The trustees are ordered to take all necessary steps to recover and cancel Nedbank's securities and title deeds, except for those already returned. The applicant's technical objection to Total South Africa (Pty) Ltd's claim f…
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Law Society of the Free State v Van Den Berg (1628/2002) [2002] ZAFSHC 17 (14 November 2002)
The court found that the respondent engaged in sustained and serious professional misconduct by soliciting third-party claims through intermediaries, paying for referrals, and continuing such conduct even after explicit warnings from the Law Society. The respondent's handling of trust funds as trustee was also found to be irresponsible and professionally unacceptable, though not amounting to theft. The court rejected the respondent's reliance on the Cape Law Society's guidelines, noting that he failed to seek clarification from his own Law Society and that the circumstances did not meet the r…
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