Category: Dhaya Pillay

Invalid restraint examined: Signing new contract

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Avoid chilling litigation in nascent democracy

A judge, who has been on special leave on full pay since 15 January 2007, applied to the high court for an order to have ss 8-10, 14-23 and 25-33 of the JSC Act declared inconsistent with ss 177 and 178 of the Constitution....

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Body corporate powers: Restricted spending by trustees

North Global Properties (Pty) Ltd v Body Corporate of the Sunrise Beach Scheme (12465/2011) [2012] ZAKZDHC 47; [2013] JOL 30400(17 August 2012) per Dhaya Pillay J. The High Court granted an order setting aside the body...

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Body corporate trustees: ordered to pay costs

A body corporate of a sectional title scheme is a statutory body whose functions and powers are exercised by the trustees.  The trustees are in a fiduciary relationship to the body corporate and must act honestly, in good faith,...

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