Alberts N.O. and Others v BMI Building Maintenance Installations CC and Another (49279/2013) [2014] ZAGPPHC 802 (16 October 2014)
Court
North Gauteng High Court, Pretoria
Case number
49279/2013
Judge
A.M.L. Phatudi
Interpleader over R259,295 for air-conditioning work: the court held the payment belonged to TIC’s insolvent estate, not BMI, and awarded costs against BMI.
Body Corporate of Fucia Gardens and Others v Bakenkop (Pty) Ltd t/a Wierda and Others (50444/2007) [2008] ZAGPHC 103 (4 April 2008)
Court
High Courts - Gauteng
Case number
50444/2007
Judge
Makhafola
The court held that levies collected by an estate agent remained trust monies, even though they were paid into a business account, and ordered payment to the applicants.
Eastern Metropolitan Substructure of the Greater Johannesburg Transitional Metropolitan Council v Venter NO (334/98) [2000] ZASCA 50; 2001 (1) SA 360 (SCA) ; [2001] 1 All SA 51 (A) (29 September 2000)
Court
Supreme Court of Appeal
Case number
334/98
Judges
Farlam, Nienaber, Zulman, Streicher, Melunsky
The Supreme Court of Appeal held that the appellant was entitled, under section 50 of the Local Government Ordinance, to demand payment of all outstanding charges, including rezoning fees, water and sewerage charges, as a precondition for issuing clearance certificates for the transfer of property in liquidation. The court rejected the respondent's argument that only 'taxes' as defined in section 89(5) of the Insolvency Act could be demanded, clarifying that embargo provisions apply to all specified charges, not just taxes. The amounts paid by the respondent, except for sundries, were due and…
