Category: Cause: statute

Levy clearance certificate: Refusal to issue?

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...

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Discovering restraint documents: Uniform Rule 35 notice

Baard v Allem On appeal a full bench of the high court considered an issue relating to discovering documents concerning a trade restraint and decided that there was no basis to interfere with the discretion exercised by the...

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Levy clearance certificate: Dissent – refusal to issue?

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...

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Compromise erroneously concluded: Ultra vires statute

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...

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Levy clearance certificate: Refusal to issue?

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...

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Contempt order overturned: Lucky escape for attorneys

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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Quantifying back-pay: Material mistake

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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Arbitration agreement disputed: Jurisdiction and powers?

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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Conduct rule disputed: Bypassing Ombud?

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...

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Lifting corporate veil: Absence of gross abuse

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Shall means may: Contextual construction necessary

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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Broad discretion exercised: Material compliance with policy?

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