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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG LOCAL DIVISION JOHANNESBURG
CASE NO: 2024/084385
DOH: 28 May 2025
(1) REPORTABLE: YES / fe
(2) OPNNTEREST TO OTHER JUDGES: YES/RO)
(3) REVISED. =
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NUHARVEST (PTY) LTD First Applicant
JARED DEAN PETERS Second Applicant
TANNER ARON PETERS Third Applicant
And
ADEL DOREEN MCQUARRIE N.O Respondent
(In her nominal capacity as the Court appointed
Receiver of the assets of the Dennis Ronald Peters Will
Trust IT No. T007360/2001)
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This Judgment was handed down electronically and by circulation to the parties’
legal representatives by way of email and shall be uploaded on caselines. The
date for hand down is deemed to be on 12 August 2025
JUDGMENT
MALI J
INTRODUCTION
1; This application originates from the Urgent Court where it was struck from the roll
for lack of urgency. The order sought against the respondent is for the respondent
to comply with the court order granted by this court per the Honorable Manoim J
dated 4 March 2020. The order empowers the respondent as the liquidator and
or the receiver of the estate of Dennis Ronald Peters Will Trust (trust); to do all
things necessary to wind up the estate of the trust.
2; The first applicant is Nuharvest (Pty) Ltd (“Nuharvest”), a company within limited
liability, duly incorporated and registered in terms of the laws of the Republic of
South Africa. Nuhaverst was founded as a result of the transfer of Tanner Estates,
the business of the trust. Nuharvest trades as a supplier of fresh produce with its
major client being a fast-food chicken outlet, Kentucky Fried Chicken (KFC).
3; The second applicant Jared Peters (Jared), and third applicant, Tanner Peters
(Tanner) are the sons of the late Dennis Ronald Peters. They are both 50%
shareholders each and directors in Nuhaverst, and they are also beneficiaries of
the trust.
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4. The respondent is Adel Doreen McQuarrie N.O, the receiver of the trust. Dispute
between the parties concerns the alleged reluctance of the respondent to
distribute the proceeds of the estate of the Trust to the beneficiaries.
BACKGROUND
5. The trust was created for the purpose of holding assets on behalf of and for the
benefit of the second and third applicants, until they each became entitled to their
shares in terms of the will, upon attaining the age of thirty-three. Regrettably, due
to the dispute between Jared, and their mother who was once a trustee, the trust
assets could not be transferred. Consequently, Jared, the second approached the
court to remove their mother as the trustee, which application became successful
and thus resulting in the appointment of the respondent.
6. It is common cause that during 2021 in accordance with paragraph 1.4.5 of the
order, the business of Tanner Estates, an asset of the trust (the business) was
transferred to Nuhaverst as a going concern. However, the immovable property
where the business is being conducted was not transferred.
ile The five assets or properties due to be transferred from the trust by the
respondent are worth approximately R35 million. In respect of some properties,
Absa Bank Limited (Absa) hold bonds as security for funds which Absa has
advanced to Nuhaverst or the business.
8. It is not in dispute that the parties agreed that in order to minimize tax liabilities,
the remainder of the trust properties would be transferred to the second and third
applicants and thereafter be transferred to Nuharvest in exchange for shares in
Nuharvest, in accordance with section 42 of the Income Tax Act, 58 of 1962.