Body C Conduct Archives

Replacing garage door: Rules inconsistently applied

by GilesFiles | May 17, 2024 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Consistency element, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, 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,...

Reimbursing Body Corporate: Owner’s right to litigate?

by GilesFiles | Oct 12, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Disallowed, Evidence & onus, Irregular proceeding, Judges, Jurisdiction & powers, Legal Practice, Orders, PA Meyer, Parties, Rules Codes & Manual, SCA judges, Sectors, Selected judges, Statutory, Supreme Court of Appeal, 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,...

Penalty levy dispute: New owner liable?

by GilesFiles | Feb 24, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Contractual breach, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, 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,...

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,...

Discharging investigatory function: Conduct rules?

by GilesFiles | Nov 22, 2022 | 2020 onwards, Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, PAJA 2000, Parties, Review tests, Rules Codes & Manual, SDJ Wilson, 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,...

Demolishing improvements considered: Permanent structure?

by GilesFiles | Oct 25, 2022 | 2020 onwards, BC and HOAs, Body C Conduct, Body C Manage, Causes and defences, Community schemes, Costs, Courts, Declaratory, Evidence & onus, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, 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, 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, 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...

Access control blocked: Applied conduct rules

by GilesFiles | Oct 8, 2021 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Contractual breach, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Personal services, Roman Dutch law, 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,...

Conduct rule considered: HC lacks jurisdiction

by GilesFiles | Jun 1, 2021 | Applications, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Costs, Courts, Declaratory, Exceptions/special pleas, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Review tests, Rules Codes & Manual, Sectors, Special pleas, Statutory, Topics | 0 |

Heathrow Property Holdings No 33 CC v Manhattan Place Body Corporate May parties ‘forum-shop’ to resolve disputes in community housing schemes and consider a conduct rule, more particularly when there is a statutory...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, Body C Conduct, Causes and defences, Community schemes, Courts, General, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Sectors, Topics | 0 |

Rapallo Body Corporate v Dhlamini NO In the context of repaying amounts deducted the High Court decided that rule 7.2, which requires that a section-owner who obtains approval to undertake renovations, alterations or...

Category: Body C Conduct