BARNEY FLETCHER REAL ESTATE CLASSES FULL
This court, the appellant appeals against the order of the Full Court. On appeal, the Full Court reversed the decision and removed the appellantĪs a trustee and replaced him with the respondent’s sister. Sitting as the court of first instance in the Gauteng Division of the HighĬourt, Johannesburg (the high court), Mudau J dismissed the respondent’s application Trustee of the McNair Family Trust (the Trust) at the instance of the respondent, Mrs This appeal concerns the removal of the appellant, Mr Warren Fletcher, as a Makgoka JA (Cachalia and Plasket JJA and Eksteen and Sutherland AJJA On appeal from: Gauteng Division of the High Court, Pretoria (Vally J with WepenerĪnd Mahalelo JJ concurring, sitting as court of appeal): judgment reported sub nomġ The appeal is upheld with costs, which includes the costs in the application toĢ The order of the Full Court is set aside and substituted with the following: Trustee - determinative test always whether Trust property and affairs imperilled. Trustees originating from outside the Trust – on its own not sufficient for removal of co. Summary: Trust - trustee - removal of - breakdown in relationship between co. The time and date for hand down is deemed to be Parties’ representatives by email, and by publication on the Supreme Court of Appeal
Neutral citation: Fletcher v McNair (1350/2019) ZASCA 135Ĭoram: CACHALIA, MAKGOKA AND PLASKET JJA AND EKSTEEN ANDĭelivered: This judgment was handed down electronically by circulation to the
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