CSOS Act 39 Archives

Breaching fiduciary duty: Trustee misconduct?

by GilesFiles | Feb 13, 2026 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Manage, Cause of action defined, Causes and defences, Community schemes, Costs, Costs not awarded, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legality principle, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics, Trustees | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Failing to hear evidence: Adopting incorrect procedure

by GilesFiles | Aug 30, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Condonation, Costs, Courts, Evidence & onus, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Building penalty clause: Agreement misinterpreted

by GilesFiles | Aug 23, 2024 | 2020 onwards, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Labour Relations, Legal Practice, Legislation, LRA 07: 112-184 Dispute, LRA 1995, LRA D: 151-166 LC, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Statutes (LRL 2)-work, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Deciding dispute merits: Res judicata and issue estoppel?

by GilesFiles | Oct 23, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Damages, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Res judicata (issue estoppel), SDJ Wilson, Sectors, Selected judges, Special pleas, Statutory, Topics | 0 |

Compeg Services (Pty) Ltd v Sharon Park Lifestyle Estate (NPC) Can CSOS resolve claim for damages which depends on deciding merits of any dispute in terms of the CSOS Act? “4 It seems to me that Compeg’s claim for damages...

Absence of proper hearing: CSOS ombud ruling

by GilesFiles | May 11, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Silverlakes Homeowners Association v Community Schemes Ombud Service When will HC set aside adjudication award involving absence of proper hearing and application of audi alteram partem principle? “[22] The...

Disputed levy statements: Remitted to Ombud

by GilesFiles | Apr 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Access denial provision: Public policy issues?

by GilesFiles | Jan 30, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Management, Orders, Parties, Protectable interests, Public policy, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Discharging investigatory function: Conduct rules?

by GilesFiles | Nov 22, 2022 | 2020 onwards, Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs awarded, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Condoning late appeal: Conflicting decisions?

by GilesFiles | Nov 16, 2022 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Condonation, Costs, Courts, Declaratory, Granted, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Adjudication statutory appeal: Claim outside jurisdiction

by GilesFiles | Jul 16, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, Declaratory, Delict, Disallowed, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Topics | 0 |

Prag NO v Trustees: Mitchell’s Plain Industrial Enterprises STSBC Adjudication statutory appeal considered by high court and confirmed that the ‘object of the CSOS Act is to provide a mechanism for the informal,...

Conduct rule considered: HC lacks jurisdiction

by GilesFiles | Jun 1, 2021 | Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate May parties ‘forum-shop’ to resolve disputes in community housing schemes and consider a conduct rule, more particularly when there is a statutory...

Conduct rule disputed: Bypassing Ombud?

by GilesFiles | Jun 1, 2021 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Costs, Costs punitive, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Special pleas, Statutory, Topics, Urgency | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate In considering a disputed conduct rule the high court decided that in ‘each instance a litigant will have to make out good cause for why a dispute which...

Tag: CSOS Act 39