TRUSTEE PROFITING FROM SALE OF TRUST ASSETS: THINK TWICE
Breetzke and Others NNO v Alexander NO and Others (232/2019) [2020] ZASCA 97 (2 September 2020)
This judgment is about a trustee who manoeuvred the planned sale of the trust’s property portfolio to a company nominated by him, thereby ensuring a handsome profit for himself when the company, of which he was a director, shortly thereafter on-sold to a third at a substantial profit. Being in a position that you owe a fiduciary duty to another has consequences for the trustee in his personal capacity. But can the company that was nominated by the trustee be ordered to share, with the trust beneficiaries, part of the profit it made in the subsequent sale because of the trustee’s shady dealings?
The Judgment
Summary of the Judgment
OBEYING HOA RULES: ‘WAIVER’ DOES NOT ARISE MERELY BECAUSE ENFORCEMENT APPEARS LAX
Kingshaven Homeowners’ Association v Botha and Others (6220/2019) [2020] ZAWCHC 92 (4 September 2020)
Residents in HOA schemes are often heard to claim that because the HOA appears not to be enforcing rules, the HOA has waived the right to do so; or that it cannot enforce the rule against owner A as owners B, C, D and others are also flouting the rules. This judgment explains why this is not the case.
