North Global Properties (Pty) Ltd v Body Corporate of the Sunrise Beach Scheme (12465/2011)
North Global Properties (Pty) Ltd v Body Corporate of the Sunrise Beach Scheme (12465/2011) [2012] ZAKZDHC 47 (17 August 2012)
The court found that the applicants failed to deliver powers of attorney supported by a valid resolution of all members of the Body Corporate, as required by the Body Corporate rules and Rule 7(1). The Trustees' authority was insufficient because the costs of the application and any ensuing appeal would likely exceed the R50,000 mandate, and the applicants did not prove otherwise. The applicants did not undertake to accept personal liability for costs exceeding the mandate, nor did they demonstrate that the members would authorise such expenditure. Therefore, the application for leave to appe…
Source excerpt
- Powers Of Attorney
- Body Corporate Authority
- Rule 7 Challenge
- Rule 30 Irregular Step