CSOS Act 38 Archives

Agreeing to arbitrate dispute: Special pleas rejected

by GilesFiles | Nov 2, 2023 | 2020 onwards, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, Disallowed, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Orders, Parties, Rules Codes & Manual, Sectors, Statutory, Topics | 0 |

Kotzen NO v Thorn Valley Estate Homeowners Association NPC By agreeing to arbitrate a dispute are parties entitled to an actual outcome as opposed to a process? “19. These and similar complaints are the high water mark of...

Absence of proper hearing: CSOS ombud ruling

by GilesFiles | May 11, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, 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 |

Silverlakes Homeowners Association v Community Schemes Ombud Service When will HC set aside adjudication award involving absence of proper hearing and application of audi alteram partem principle? “[22] The...

Disputed levy statements: Remitted to Ombud

by GilesFiles | Apr 14, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, 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,...

Penalty levy dispute: New owner liable?

by GilesFiles | Feb 24, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, BC and HOAs, BC Conduct, BC 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,...

Access denial provision: Public policy issues?

by GilesFiles | Jan 30, 2023 | 2020 onwards, Allowed, Appeals, Appeals - leave, Associations/corporates, BC and HOAs, Causes and defences, Community schemes, Costs, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Orders, Parties, 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,...

Repaying amounts deducted: Conduct rules examined

by GilesFiles | Sep 10, 2020 | 2020 onwards, A G Binns-Ward, Appeals, Appeals - leave, BC and HOAs, BC 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...

Ombud statutory appeal: CSOS Act s57 procedure

by GilesFiles | Oct 24, 2019 | 2019, Appeals, Appeals - leave, BC and HOAs, Bill of Rights, Common law, Community schemes, Courts, High Court, High Court judges, Insights, Interpretation etc, Judges, Jurisdiction & powers, Legal Practice, Legislation, Management, Orders, Parties, Policies - all, Review tests, Rules Codes & Manual, Sectors, Topics, Uniform HC | 0 |

Stenersen and Tulleken Administration CC v Linton Park Body Corporate Ombud statutory appeal provision has resulted in considerable confusion with conflicting interpretations of CSOS s 57 by different divisions of the high court...

Legal questions considered: Jurisdiction of adjudicator

by GilesFiles | May 13, 2019 | 2019, Allowed, Appeals - leave, BC and HOAs, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Jurisdiction & powers, Legal Practice, Orders, PAJA 2000, Parties, Review tests, 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,...

Tag: CSOS Act 38