ALARM BELLS: YOU’RE A TRUSTEE OF A TRUST TOGETHER WITH YOUR EX
PM N.O and Another v DM N.O and Another (26855/2021)  ZAGPPHC 313 (4 May 2022)
Of course it can be very tricky to remain a trustee of a trust together with a person to whom you were previously married. But as this judgment illustrates, one must remember that a trust is a unique legal arrangement and its trustees must always act in the best interests of the trust, and leave personal issues aside. If this cannot be achieved, the ex-spouse can be successful in an application to remove the other trustee.
LIQUIDATING A DEBTOR EVEN THOUGH ADEQUATE MORTGAGE SECURITY FOR THE DEBT IS IN PLACE?
Imobrite (Pty) Ltd v DTL Boerdery CC (1007/2020)  ZASCA 67 (13 May 2022)
This was the niggly question before the court here. The lender had brought proceedings to wind up the debtor, a CC, despite having both a notarial bond over the CC’s movables and a mortgage bond over the CC’s farm property. These were substantial enough to satisfy the outstanding debt and the CC argued therefore that the lender’s action was an abuse of the court’s processes. But was it? The court looked at all the circumstances, especially the fact that not even one repayment instalment was made and that no effort was made to address the debt, and found in favour of the lender.