Rennie NO v Gordon NO and Another (103/87) [1987] ZASCA 101 (24 September 1987)

Rennie NO v Gordon NO and Another (103/87) [1987] ZASCA 101 (24 September 1987)

The court held that the liquidator was entitled and obliged to give notice under section 14(2) of the Sale of Land on Instalments Act to purchasers, even in the presence of unresolved disputes regarding the validity of the mortgage bond and pending claims. The statutory scheme did not require all uncertainties to be resolved before notice could be given. The purchaser's statutory right of election was not undermined by the absence of detailed information in the notice, as purchasers could make enquiries and seek legal advice. The court found no basis for implying additional requirements into the statute. The application for condonation of late filing of the complete record was refused due...

Citation
[1987] ZASCA 101
Parties
Appellant: Alan M Rennie, N O; Respondent: Rael Gordon, N O; Respondent: David John Rennie, N O
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 September 1987
Case Number
103/87
Procedural Posture
Civil Appeal / Application for Condonation of Late Filing of Complete Appeal Record; Merits of Appeal Considered
Outcome
Application for condonation refused; appeal not adjudicated on merits; appellant ordered to pay costs.
Judges
Corbett, Van Heerden, Grosskopf, Nicholas, Steyn
Legal Topics
Sale of Land on Instalments Act, Liquidation Procedure, Preferent Claims, Mortgage Bond Validity, Statutory Right of Election
Civil Procedure Land and Property Sale of Land on Instalments Act Liquidation Procedure Preferent Claims Mortgage Bond Validity Statutory Right of Election

Case Brief

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Parties

Alan M Rennie, N O

Appellant

Rael Gordon, N O

Respondent

David John Rennie, N O

Respondent

Procedural Posture

Civil Appeal / Application for Condonation of Late Filing of Complete Appeal Record; Merits of Appeal Considered

Legal Issues

  1. 1 Whether the liquidator could validly give notice in terms of section 14(2) of the Sale of Land on Instalments Act 72 of 1971 in light of disputes regarding the validity of the mortgage bond and pending claims.
  2. 2 Whether the notices sent to purchasers complied with the requirements of section 14(2) read with sections 14(3) and 14(4) of the Act, given the absence of detailed information.

Ratio Decidendi

The court held that the liquidator was entitled and obliged to give notice under section 14(2) of the Sale of Land on Instalments Act to purchasers, even in the presence of unresolved disputes regarding the validity of the mortgage bond and pending claims. The statutory scheme did not require all uncertainties to be resolved before notice could be given. The purchaser's statutory right of election was not undermined by the absence of detailed information in the notice, as purchasers could make enquiries and seek legal advice. The court found no basis for implying additional requirements into the statute. The application for condonation of late filing of the complete record was refused due...

Court Disposition

Application for condonation refused; appeal not adjudicated on merits; appellant ordered to pay costs.

Orders

  • The application for condonation of appellant's failure to lodge timeously the complete record of appeal is refused with costs, including costs of two counsel.
  • Appellant must pay the costs of the application for leave to appeal, as ordered by the court a quo.