Grundler NO v Rambadursing (13500/2010) [2011] ZAKZDHC 24; [2011] 3 All SA 556 (KZD) (20 May 2011)

Grundler NO v Rambadursing (13500/2010) [2011] ZAKZDHC 24; [2011] 3 All SA 556 (KZD) (20 May 2011)

The court found that the administrator, appointed under section 46 of the Sectional Titles Act, holds all powers and duties of the body corporate to the exclusion of trustees and members, unless the court order expressly limits those powers. The appointment of interim trustees by the order did not confer upon them the usual powers and duties of trustees; rather, their role was limited to making recommendations to the administrator. The respondent, as an interim trustee, repeatedly interfered with the administrator's execution of his duties by issuing instructions to employees and service providers and attempting to assume operational control, in contravention of both the Act and the court...

Citation
[2011] ZAKZDHC 24
Parties
Applicant: A Grundler N.O.; Respondent: Maureen Julia Rambadursing
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
20 May 2011
Case Number
13500/2010
Procedural Posture
Final Interdict Application / Confirmation of Rule Nisi
Outcome
The application for a final interdict is granted; the rule nisi is confirmed.
Judges
Rall AJ
Legal Topics
Sectional Titles Act, Administrator Powers, Final Interdict, Trustee Rights
Land and Property Civil Procedure Sectional Titles Act Administrator Powers Final Interdict Trustee Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

A Grundler N.O.

Applicant

Maureen Julia Rambadursing

Respondent

Procedural Posture

Final Interdict Application / Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the administrator appointed under section 46 of the Sectional Titles Act has exclusive powers and duties to the exclusion of trustees and members.
  2. 2 Whether the respondent, as an interim trustee, unlawfully interfered with the administrator's execution of his duties.
  3. 3 Whether the applicant is entitled to a final interdict restraining the respondent from interfering with his duties.

Ratio Decidendi

The court found that the administrator, appointed under section 46 of the Sectional Titles Act, holds all powers and duties of the body corporate to the exclusion of trustees and members, unless the court order expressly limits those powers. The appointment of interim trustees by the order did not confer upon them the usual powers and duties of trustees; rather, their role was limited to making recommendations to the administrator. The respondent, as an interim trustee, repeatedly interfered with the administrator's execution of his duties by issuing instructions to employees and service providers and attempting to assume operational control, in contravention of both the Act and the court...

Court Disposition

The application for a final interdict is granted; the rule nisi is confirmed.

Orders

  • The respondent is interdicted from issuing instructions, directly or indirectly, or interfering in any way with employees and service providers appointed by the body corporate, except when requested or expressly instructed by the administrator or managing agent.
  • The respondent is interdicted from becoming personally involved in the daily operational aspects of Bencorrum other than by written submissions to the administrator, managing agent, or building agent.