South Africa Case Law

Grundler NO v Rambadursing (13500/2010)

Grundler NO v Rambadursing (13500/2010) [2011] ZAKZDHC 24; [2011] 3 All SA 556 (KZD) (20 May 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

13500/2010

Judge

Rall AJ

The court found that the administrator, appointed under section 46 of the Sectional Titles Act, holds all powers and duties of the body corporate to the exclusion of trustees and members, unless the court order expressly limits those powers. The appointment of interim trustees by the order did not confer upon them the usual powers and duties of trustees; rather, their role was limited to making recommendations to the administrator. The respondent, as an interim trustee, repeatedly interfered with the administrator's execution of his duties by issuing instructions to employees and service prov…

Source excerpt

• Sectional Titles Act
• Administrator Powers
• Final Interdict
• Trustee Rights

Warricker NO and Another v Senekal (27484/2004)

Warricker NO and Another v Senekal (27484/2004) [2006] ZAGPHC 134 (13 October 2006)

Court

High Courts - Gauteng

Case number

27484/2004

Judge

Horwitz

The court held that the trustees of the insolvent estate did not succeed to the rights of the Sheriff under the agreement of sale in execution. The suretyship clause was in favour of the Sheriff, who acted as principal in the sale, and not in favour of the trustees. Upon sequestration, section 20(1)(c) of the Insolvency Act required the Sheriff to stay execution and precluded him from passing transfer or claiming the purchase price unless a court ordered otherwise. The trustees’ authority from the Master under section 80bis and section 18(3) did not enable them to enforce the agreement conclu…

Source excerpt

• Suretyship
• Sale In Execution
• Insolvency Act Section 20
• Trustee Rights
• Specific Performance

Fey N.O. and Another v Mackay (9142/2002)

Fey N.O. and Another v Mackay (9142/2002) [2004] ZAWCHC 19; [2004] 4 All SA 50 (C) (30 April 2004)

Court

Western Cape High Court, Cape Town

Case number

9142/2002

Judge

Waglay AJ

The court held that rental payments made for a Clifton bungalow came from Harksen’s insolvent estate and ordered the defendant to repay them with costs.

• Insolvent Estate Property
• Lease Agreement
• Trustee Rights
• Alienation Of Property
• Onus Of Proof
• Third Party Protection