Body Corporate of the Falcons v Rademan (A637/2013, 16173/2012) [2015] ZAGPPHC 459 (14 July 2015) per WRC Prinsloo J [MF Legodi and MW Msimeki JJ concurring]

The Falcons consists of 79 individual upmarket units in a sectional title development in Pretoria.  Tensions developed between the former trustees and the majority of other members of the body corporate.  The High Court held that granting any of the relief sought by the former trustees, purportedly acing on behalf of the body corporate, had become academic and could not invalidate any of the subsequent elections of trustees.  There was no existing or live controversy and the giving of advisory opinions on abstract propositions of law should be avoided.

The former trustees were no longer in the proverbial saddle as trustees and did not have any  authority from the body corporate to appeal.  The true litigants or applicants (later appellants) were the former trustees and their authority to proceed in the name of and on behalf of the body corporate had long since fallen away.  They were ordered to pay the costs of the appeal  in their personal capacities.