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Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine SANDS and Another (9015/2014) [2016] ZAKZDHC 32 (26 August 2016)
The High Court dismissed an application for leave to appeal, finding the applicant used the wrong test and failed to show reasonable prospects of success.
Extra Dimensions 121 (Pty) Ltd v Body Corporate of Marine (9015/2014) [2016] ZAKZDHC 1 (5 February 2016)
The court held that the phrase 'adversely affected' in section 32(4) of the Sectional Titles Act must be interpreted in context, considering the purpose of the Act and the need for fairness among unit owners. The applicant's interpretation, equating any increase in levy with adverse effect, was rejected as it would render the provision nugatory and recreate the impractical unanimity requirement of the previous Act. The court found that the special resolution was intended to correct an inequitable levy regime and that the applicant, though paying more, was not adversely affected in the legal s…
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