Tag: CSOS Act 40

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...

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...