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South Africa: North Gauteng High Court, Pretoria
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[2010] ZAGPPHC 266
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Ex parte:Bacsy NO (21389/10) [2010] ZAGPPHC 266 (4 June 2010)
NOT
REPORTABLE
THE
NORTH GAUTENG HIGH COURT.
PRETORIA
(REPUBLIC OF SOUTH AFRICA)
CASE
NUMBER: 21389/10
DATE:04/06/2010
In
the ex-parte application of:
LASZLO
MIKE BACSY
N.O.
.........................................................................................
Applicant
In
his capacity as trustee of the L G BACSY TRUST IT 4217/96
(for
the surrender of the Estate of the L G BACSY TRUST, IT 4217/96 as
insolvent)
JUDGMENT
SAPIRE.
A J:
This
is an application for the surrender of the estate of the L G Bacsy
Trust. The application is made by the sole trustee who has
attached
to the Founding Affidavit his Letter of Appointment. He has set out
facts that indicate that the Trust has become insolvent
and cannot
pay its debts. It is clear that if a creditor applied for the
sequestration of the Trust such an application would probably
be
successful. The question which arises however, is whether a Trustee
has locus standi to apply for the surrender of the estate.
The
Deed constituting the Trust has not been placed before the court and
it is accordingly not possible to ascertain the powers
of the
Trustee. Furthermore no authority has been advanced supporting the
locus standi of a Trustee or Trustees to surrender the
estate and I
am not satisfied that such authority does in fact exist.
I
am now making no order on the application. The Applicant may renew
the application in order to advance factual and legal basis
for such
locus standi.
No
order is made on the application.
Leave
is granted to renew the application and to supplement the Founding
Affidavit to the extent that the Applicant may see fit.
SAPIRE,
S W
ACTING
JUDGE
ATTORNEYS
FOR THE APPLICANT:
DU
PLESSIS LESSING BRITS INC
c/o
NIEMANN & SWART
804
TERREBLANCHE STREET
RIETFONTEIN
PRETORIA
TEL:
(012)807 4025
Verw:
P C LESSING/eo/B391