Body Corporate of Marsh Rose v Steinmuller When is compelling clearance certificate possible after unit bought at sale in execution and there are still monies owing to body corporate by way of levies and costs? Before a property...
Read MoreBody 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...
Read MoreBody 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...
Read MoreBody 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...
Read MoreThe SCA disallowed the appeal and held that a body corporate does not enjoy special rights with regard to ‘advantage to creditors’. The problem experienced by bodies corporate in collecting arrear levies is not a novel one. It...
Read MoreNel NO v Body Corporate of the Seaways Building Body corporate levies payable on insolvency considered by the SCA and disallowed the appeal and stated “In this regard the court a quo held (at p 136 F): ‘… if...
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