Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (12901/08) [2009] ZAWCHC 32 (13 March 2009)

Oribel Properties 13 (Pty) Ltd and Another v Blue Dot Properties 271 (Pty) Ltd and Others (12901/08) [2009] ZAWCHC 32 (13 March 2009)

The court found that the actions of the Registrar of Deeds and Surveyor-General in registering the real right of extension and approving the subdivision constituted administrative action under PAJA. However, the non-compliance with section 25(2) of the Sectional Titles Act was of minimal practical consequence, as the applicants were aware of and amenable to the reservation of the right, and suffered no prejudice. The purpose of section 25(2) is to protect existing owners, but in this case, the physical alterations were minor and did not materially affect other owners. The court exercised its discretion under PAJA and declined to review and set aside the administrative decisions. The...

Citation
[2009] ZAWCHC 32
Parties
Applicant: Oribel Properties 13 (Pty) Ltd; Applicant: Interactive Africa (Pty) Ltd; Respondent: Blue Dot Properties 271 (Pty) Ltd; Respondent: Gossow Harding Construction (Pty) Ltd; Respondent: Rank Sharp (Pty) Ltd; Respondent: The Body Corporate of the Thebe Hosken House Sectional Title Scheme; Respondent: The Registrar of Deeds; Respondent: The Surveyor General; Respondent: Xantha Properties 16 (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
13 March 2009
Case Number
12901/08
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs; extension of time for review granted.
Judges
Jamie
Legal Topics
Sectional Titles Act, Real Right of Extension, Administrative Action Under Paja, Statutory Compliance, Judicial Review, Locus Standi
Land and Property Administrative Law Civil Procedure Sectional Titles Act Real Right of Extension Administrative Action Under Paja Statutory Compliance Judicial Review +1 more

Case Brief

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Parties

Oribel Properties 13 (Pty) Ltd

Applicant

Interactive Africa (Pty) Ltd

Applicant

Blue Dot Properties 271 (Pty) Ltd

Respondent

Gossow Harding Construction (Pty) Ltd

Respondent

Rank Sharp (Pty) Ltd

Respondent

The Body Corporate of the Thebe Hosken House Sectional Title Scheme

Respondent

The Registrar of Deeds

Respondent

The Surveyor General

Respondent

Xantha Properties 16 (Pty) Ltd

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Registrar of Deeds and Surveyor-General's actions in registering a real right of extension and approving subdivision constituted administrative action under PAJA.
  2. 2 Whether non-compliance with section 25(2) of the Sectional Titles Act rendered the registration and approval void or invalid.
  3. 3 Whether the applicants suffered prejudice as a result of the non-compliance.

Ratio Decidendi

The court found that the actions of the Registrar of Deeds and Surveyor-General in registering the real right of extension and approving the subdivision constituted administrative action under PAJA. However, the non-compliance with section 25(2) of the Sectional Titles Act was of minimal practical consequence, as the applicants were aware of and amenable to the reservation of the right, and suffered no prejudice. The purpose of section 25(2) is to protect existing owners, but in this case, the physical alterations were minor and did not materially affect other owners. The court exercised its discretion under PAJA and declined to review and set aside the administrative decisions. The...

Court Disposition

Application dismissed with costs; extension of time for review granted.

Orders

  • The period of 180 days referred to in section 7(1)(b) of the Promotion of Administrative Justice Act 3 of 2000 and within which this application was to be brought is extended to 12 August 2008.
  • The application is dismissed with costs.