Planet Waves 581 (Pty) Ltd v Newman (10020/2012) [2013] ZAGPJHC 19 (27 February 2013)

Planet Waves 581 (Pty) Ltd v Newman (10020/2012) [2013] ZAGPJHC 19 (27 February 2013)

The respondent's occupation and use of the property is in clear contravention of both the lease agreement and the Bedfordview Town Planning Scheme, which permits only residential use. The respondent failed to obtain the necessary consent from the local authority and operated a business that, based on undisputed advertising material, constitutes adult erotic entertainment masquerading as a massage parlour. The purported consent from Roos cannot legalise an illegal use, and the lease agreement is void to the extent that it facilitates unlawful conduct. The local authority need not be joined as the relief sought does not affect its interests. The pending litigation does not justify a stay,...

Citation
[2013] ZAGPJHC 19
Parties
Applicant: Planet Waves 581 (Pty) Ltd; Respondent: Sean Newman
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2013
Case Number
10020/2012
Procedural Posture
Eviction Application / Judgment
Outcome
Application granted; respondent and all those holding occupation through or under him are evicted from the property. Interdict granted restraining respondent from carrying on business in contravention of the Bedfordview Town Planning Scheme. Costs awarded to applicant.
Judges
Mathopo
Legal Topics
Eviction, Town Planning Scheme, Unlawful Occupation, Locus Standi, Non Joinder, Illegal Contract
Land and Property Civil Procedure Eviction Town Planning Scheme Unlawful Occupation Locus Standi Non Joinder Illegal Contract

Case Brief

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Parties

Planet Waves 581 (Pty) Ltd

Applicant

Sean Newman

Respondent

Procedural Posture

Eviction Application / Judgment

Legal Issues

  1. 1 Whether the respondent's occupation and use of the property contravenes the Bedfordview Town Planning Scheme.
  2. 2 Whether the lease agreement is void due to unlawful use of the property.
  3. 3 Whether the applicant has locus standi to seek eviction and interdict.

Ratio Decidendi

The respondent's occupation and use of the property is in clear contravention of both the lease agreement and the Bedfordview Town Planning Scheme, which permits only residential use. The respondent failed to obtain the necessary consent from the local authority and operated a business that, based on undisputed advertising material, constitutes adult erotic entertainment masquerading as a massage parlour. The purported consent from Roos cannot legalise an illegal use, and the lease agreement is void to the extent that it facilitates unlawful conduct. The local authority need not be joined as the relief sought does not affect its interests. The pending litigation does not justify a stay,...

Court Disposition

Application granted; respondent and all those holding occupation through or under him are evicted from the property. Interdict granted restraining respondent from carrying on business in contravention of the Bedfordview Town Planning Scheme. Costs awarded to applicant.

Orders

  • The respondent and all those holding occupation through or under the respondent are evicted from the property known as the Remaining Portion of Erf 567 Bedford Extension 97 and situated at 48A Arbroath Road, Bedfordview.
  • The respondent and all those holding occupation through or under the respondent are ordered to vacate the property on or before 28 March 2013.