The appellants filed a claim for trespass to land against the respondent in the Magistrates Court. It was alleged that two individuals, one of whom was an employee of the respondent, trespassed on the appellants’ property and that the respondent was vicariously liable. The appellants filed an application seeking an order for summary judgment in favour of the appellants against the respondent and relied upon r 8 of the Magistrates Court (Civil) Rules 2013 (SA). The Magistrate dismissed the application.

FREEDOM OF INFORMATION – access refused under s 24 (practical refusal reason) of the Freedom of Information Act 1982 – whether request would substantially and unreasonably divert resources of agency – whether reasons of applicant for request can be considered – no public interest in fulfilling request – decision affirmed.

TRUSTS – Alleged misappropriation of trust property – wholly discretionary trust – trustee company transferred one of two properties held on trust to the sole director of the trust company – sole director also a specified beneficiary of the trust – guardian wanted the transfer to occur – no misappropriation.

Wills and Estates - Application for revocation of probate