Tag: Conduct Rule 37

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...

Body corporate ban: Unlawful – external party

by GilesFiles | Feb 4, 2020 | 2020 onwards, Applications, BC and HOAs, Bill of Rights, Causes and defences, Common law, Community schemes, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, Review tests, Sectors, Statutory, Topics | 0 |

BAE Estates and Escapes (Pty) Ltd v Trustees: Legacy Body Corporate High Court was satisfied that the body corporate acted beyond its powers or arbitrarily in purporting to ban the applicant entirely from all or any dealings...