- Flynote
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Breach of fiduciary duty by trustee – trustee acquiring property from trust – concealing from other trustees existence of an opportunity to sell property to third party at a profit – trustee nominating company owned or controlled by him to acquire property – company reselling property at a profit – allegation that company knowingly participated in trustee's breach of trust is an allegation that company acted wrongfully – pleading not excipiable
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Cited documents 7
Judgment 5
- Country Cloud Trading CC v MEC, Department of Infrastructure Development, Gauteng [2014] ZACC 28 (3 October 2014)
- Government of Western Cape: Department of Social Development v C B and Others (1220 of 2017) [2018] ZASCA 166 (30 November 2018)
- Hepple and Others v Law Society of The Northern Provinces (507/2013) [2014] ZASCA 75 (29 May 2014)
- Steenkamp NO v Provincial Tender Board of Eastern Cape [2006] ZACC 16 (28 September 2006)
- Telematrix (Pty) Ltd v Advertising Standards Authority SA (459/2004) [2005] ZASCA 73 (9 September 2005)
Legislation 2
Documents citing this one 4
Judgment 4
- FirstRand Bank Limited v Spar Group Limited (1334/2019) [2021] ZASCA 20 (18 March 2021)
- Kuttel v Master of High Court (Western Cape Division) and Others (819/2021) [2022] ZASCA 156 (16 November 2022)
- Langeni and Another v South African Women In Mining Association and Others (27669/2022) [2023] ZAGPJHC 1342 (10 November 2023)
- Modise and Another v Tladi Holdings (Pty) Ltd (307/2019) [2020] ZASCA 112 (29 September 2020)