Acting Judge Cajee AJ of the Gauteng High Court, Johannesburg, has ordered the trustees of the Amarosa Aftree-Oord Trust to repay R1,274,000 to the estate of the late Gabor Szabo, along with accrued interest and legal costs.
This decision stems from an application filed by Johannes Lodewickus Venter Szabo, who is serving as executor for his late father’s estate.
The case centres around a contract made in 2014 between the Szabo family and the Amarosa Aftree-Oord Trust, whereby the Szabos secured a lifelong occupational right to a unit in the retirement village of Amarosa. In exchange, the Szabos provided a loan to the Trust valued at R1.27 million, which was to be reimbursed under specific conditions following their deaths.
The facts of the case reveal a complicated timeline, marked by the passing of Catharina Maria Szabo in January 2021, followed closely by Gabor Szabo in September 2021. Following the deaths, Venter Szabo took action to reclaim the loan amount, as stipulated by the terms of their agreement with the Trust.
Key correspondence on the matter, including emails and letters of demand, indicated the Trust was in the process of selling the unit to a new occupant, Ruth Christine Derham, with the necessary payment made in anticipation of concluding the deal. However, the subsequent delay in settling the payments triggered the legal proceedings.
Judge Cajee’s ruling elaborated on various communications exchanged between the parties, particularly an email from a Trust representative which acknowledged the pending payments and indicated a backlog in processing accounts. Despite this acknowledgment, the trustee representatives countered in their answering affidavit that no formal agreement had been finalised with a new occupant and claimed that the application to have the loan repaid was premature.
Judge Cajee clarified that while the foundational affidavit from Venter Szabo lacked certain details, it sufficiently established a prima facie case. The court noted that at no point did the Respondents provide adequate denials concerning the correspondence or authority claims surrounding their representatives.
