Category: A.G. Binns-Ward

Interdicting braai nuisance: Communal housing development

Red Ant Relocation and Eviction Services v CrouseInterdicting braai nuisance considered by the high court but offending structures had already been removed rendering moot that part of the relief being sought.  “I am not...

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Body corporate alterations: Appropriate dispute forum

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,...

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Condoning non-compliance: No good and sufficient cause

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,...

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Adjudicator’s order set aside: Body corporate’s appeal upheld

Trustees of the Avenues Body Corporate v Shmaryahu The adjudicator’s order set aside by a full bench of the high court which stated that appeals should be brought on notice of motion supported by affidavit(s) and served on...

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Expunging debt records: Inherent jurisdiction but no power

Essence Expunging debt records:  Applications misconceived because consumers are limited to the relief provided for in terms of s 71 of the National Credit Act and if they do not qualify for relief under that provision the...

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