Van den Bos NO v Those Interfering with the Administrator's Conduct: The Body Corporate of Tygerberg (19432/16) [2016] ZAGPJHC 399 (24 June 2016)

Van den Bos NO v Those Interfering with the Administrator's Conduct: The Body Corporate of Tygerberg (19432/16) [2016] ZAGPJHC 399 (24 June 2016)

The court found that the Applicant was the duly appointed administrator of the Body Corporate and was entitled to perform his duties without unlawful interference. The Respondents failed to provide undertakings not to obstruct the Applicant and offered only bare denials to the allegations of intimidation and interference. The court held that, while the Respondents were entitled to raise lawful complaints, any obstruction or intimidation was unlawful. The Applicant was granted an interdict restraining the Respondents from interfering with his administration, but costs were not awarded due to procedural shortcomings by the Applicant and the Respondents' right to raise legitimate grievances.

Citation
[2016] ZAGPJHC 399
Parties
Applicant: Van den Bos N O: Jan; Respondent: Those Interfering with the Administrator's Conduct: The Body Corporate of Tygerberg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
19432/16
Procedural Posture
Urgent Application / Hearing and Judgment
Outcome
Application granted in part; interdict issued restraining Respondents from interfering with the Applicant's administration. No order as to costs.
Judges
P L Carstensen
Legal Topics
Interdict, Body Corporate Administration, Urgent Relief, Removal of Obstruction
Civil Procedure Land and Property Interdict Body Corporate Administration Urgent Relief Removal of Obstruction

Case Brief

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Parties

Van den Bos N O: Jan

Applicant

Those Interfering with the Administrator's Conduct: The Body Corporate of Tygerberg

Respondent

Procedural Posture

Urgent Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the Respondents unlawfully interfered with the Applicant's duties as court-appointed administrator of the Body Corporate.
  2. 2 Whether the Applicant is entitled to an urgent interdict restraining the Respondents from obstructing his administration.
  3. 3 Whether the Respondents' conduct justified the intervention of the Sheriff and police authorities.

Ratio Decidendi

The court found that the Applicant was the duly appointed administrator of the Body Corporate and was entitled to perform his duties without unlawful interference. The Respondents failed to provide undertakings not to obstruct the Applicant and offered only bare denials to the allegations of intimidation and interference. The court held that, while the Respondents were entitled to raise lawful complaints, any obstruction or intimidation was unlawful. The Applicant was granted an interdict restraining the Respondents from interfering with his administration, but costs were not awarded due to procedural shortcomings by the Applicant and the Respondents' right to raise legitimate grievances.

Court Disposition

Application granted in part; interdict issued restraining Respondents from interfering with the Applicant's administration. No order as to costs.

Orders

  • The Respondents are interdicted and restrained from conducting themselves as the Tygerberg Body Corporate.
  • The Respondents are interdicted from interfering with, threatening or intimidating the Applicant, his employees or security guards.