Tag: MR 10

Terminating management agreement: Agency lawfully revoked

by GilesFiles | May 26, 2022 | 2020 onwards, Applications, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Costs, Costs punitive, Courts, Declaratory, HC Uniform, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Roman Dutch law, Rules Codes & Manual, Sectors, Specific performance, Topics | 0 |

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Compromise erroneously concluded: Ultra vires statute

by GilesFiles | Sep 23, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Regulations, Sectors, Statutory, Topics | 0 |

Z v Body Corporate of Selma Court Compromise erroneously concluded because the language used in section 3(1)(c) of the STSMA “imposes a positive obligation on the body corporate to collect levies and contributions – the...