STSMA 2-5 Archives - GilesFiles

Disconnecting power supply: Outstanding levies

by GilesFiles | Jan 3, 2025 | 2020 onwards, AP - Community schemes, Applications, BC and HOAs, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, Evidence & onus, Granted, HC Uniform, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Pleadings: amending, 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,...

Mixed-use community scheme: Various orders made

by GilesFiles | Jan 17, 2023 | 2020 onwards, Appeals, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, High Court, High Court judges, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, 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,...

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,...

Disconnecting municipal utilities: Absence of right

by GilesFiles | Sep 21, 2022 | 2020 onwards, Applications, Associations/corporates, BC and HOAs, Bill of Rights, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Costs not awarded, Courts, Declaratory, Evidence & onus, General, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, SDJ Wilson, Sectors, Statutory, Topics | 0 |

Lion Ridge Body Corporate v A and others What constitutional rights may be infringed when a body corporate seeks an order disconnecting municipal utilities? “15 Thirdly, and probably most importantly, the relief that Lion...

Statutory appeal considered: Lift special levy

by GilesFiles | Aug 15, 2022 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Contractual breach, Costs, Costs awarded, Courts, Evidence & onus, HC Uniform, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Trustees of Alessio Body Corporate v Cottle Statutory appeal considered and what is correct procedure to adopt when appealing against adjudication order ito s 54 of CSOS Act? “[21] I am of the view that the procedure as...

Reviewing resolution of trustees: Common law not PAJA

by GilesFiles | Nov 5, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Common law, Community schemes, Costs, Courts, Disallowed, General, Judges, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Roman Dutch law, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

Trustees: Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd Reviewing resolution of trustees and SCA concluded at “[51] Fortunately, the constraints which inhibited Edmund Davis LJ from doing justice between the...

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...

Levy clearance certificate: Dissent – refusal to issue?

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

Body Corporate Marsh Rose v Steinmuller The dissenting judgment in dealing with the issue of a levy clearance certificate was of the view that “the real issue in this appeal is whether a Body Corporate can be compelled to...

Levy clearance certificate: Refusal to issue?

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

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

Levy clearance certificate: Refusal to issue?

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

Body Corporate Marsh Rose v Steinmuller By a majority decision a full bench of the high court decided that the body corporate could not refuse to issue a levy clearance certificate because inter alia the liability for levies is...

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,...

Faulty foundations constructed: Special resolution needed?

by GilesFiles | Sep 21, 2020 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Contractual breach, Courts, Delict, Exceptions/special pleas, General, Interpretation etc, Judges, Legal Practice, MJD Wallis, Orders, Parties, SCA judges, Sectors, Special pleas, Supreme Court of Appeal, Topics | 0 |

Central Developments Tshwane (Pty) Ltd v Body Corporate, Twee Riviere Aftree Oord In considering a special plea that the body corporate needed a special resolution to pursue a claim for faulty foundations that had been...

Tag: STSMA 2-5