Body Corporate of El Sol v De Waal (69611/2014) [2015] ZAGPPHC 614 (28 August 2015)

Body Corporate of El Sol v De Waal (69611/2014) [2015] ZAGPPHC 614 (28 August 2015)

The respondent was found to have wilfully and mala fide breached the terms of the court order under case number 47934/2008 by directly communicating with trustees and harassing them, contrary to the order's requirements. The respondent admitted to at least three incidents of breach, and his explanations were rejected as not credible. The applicant established a clear right to protection, actual and reasonably apprehended injury, and the absence of an alternative remedy. The requirements for a final interdict were satisfied. The respondent's continued disregard for the court order and failure to pursue any formal challenge to the trustees' appointment further supported the applicant's...

Citation
[2015] ZAGPPHC 614
Parties
Applicant: Body Corporate of El Sol; Respondent: Hermanus Smalberger De Waal
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2015
Case Number
69611/2014
Procedural Posture
Urgent Application / Return Date of Rule Nisi; Opposed Application for Final Relief
Outcome
Final order granted; respondent found in contempt of court and sentenced to six months' imprisonment, suspended for five years on condition of compliance; final interdict granted; respondent ordered to pay costs on attorney and client scale.
Judges
C Pretorius
Legal Topics
Contempt of Court, Final Interdict, Sectional Titles Act, Costs Order, Trustee Disputes
Civil Procedure Land and Property Contempt of Court Final Interdict Sectional Titles Act Costs Order Trustee Disputes

Case Brief

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Parties

Body Corporate of El Sol

Applicant

Hermanus Smalberger De Waal

Respondent

Procedural Posture

Urgent Application / Return Date of Rule Nisi; Opposed Application for Final Relief

Legal Issues

  1. 1 Whether the respondent is in contempt of the court order under case number 47934/2008.
  2. 2 Whether the applicant has established the requirements for a final interdict.
  3. 3 Whether the Board of Trustees has locus standi to bring the application.

Ratio Decidendi

The respondent was found to have wilfully and mala fide breached the terms of the court order under case number 47934/2008 by directly communicating with trustees and harassing them, contrary to the order's requirements. The respondent admitted to at least three incidents of breach, and his explanations were rejected as not credible. The applicant established a clear right to protection, actual and reasonably apprehended injury, and the absence of an alternative remedy. The requirements for a final interdict were satisfied. The respondent's continued disregard for the court order and failure to pursue any formal challenge to the trustees' appointment further supported the applicant's...

Court Disposition

Final order granted; respondent found in contempt of court and sentenced to six months' imprisonment, suspended for five years on condition of compliance; final interdict granted; respondent ordered to pay costs on attorney and client scale.

Orders

  • A final order is granted in terms of prayer 2 of the court order granted on 18 September 2014; the respondent is sentenced to six months' imprisonment, suspended for five years on condition that he does not harass or contact any trustee personally and directs all communication in writing to the secretary.
  • A final interdict is granted in terms of prayers 3, 4 and 5 of the court order dated 18 September 2014.