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South Africa Case Law

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Land And Property [2017] ZAKZDHC 24

Padachie v Body Corporate of Crystal Cove and Others (6592/2016)

Padachie v Body Corporate of Crystal Cove and Others (6592/2016) [2017] ZAKZDHC 24 (15 June 2017)

The court found that the applicant was permitted to inspect the documents but was not allowed to make copies or take notes using electronic devices under the management rules in force prior to October 2016. The second respondent's refusal to permit copying was based on a genuine belief in the limits of the rules and was not shown to be mala fide or grossly negligent. The applicant failed to refute the second respondent's version or to establish misconduct warranting a personal costs order. The legislative change in October 2016 rendered the substantive relief academic, and the first responden…

  • Sectional Title Management
  • Inspection Of Documents
  • Costs Award
  • Prescribed Management Rules
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Land And Property [2015] ZAGPJHC 236

Fletcher and Another v Montega Body Corporate (13/34654)

Fletcher and Another v Montega Body Corporate (13/34654) [2015] ZAGPJHC 236 (16 October 2015)

The court dismissed an application by sectional title owners for further access to body corporate records after finding they had already been given reasonable inspection.

  • Sectional Titles Act
  • Access To Body Corporate Records
  • Inspection Of Documents
  • Management Rules
  • Costs Orders
  • Sectional-titles-act
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Civil Procedure [2014] ZAGPPHC 656

Isakow v Erasmus (67003/2010)

Isakow v Erasmus (67003/2010) [2014] ZAGPPHC 656 (29 August 2014)

The court struck out the defendant’s defence only for specified movable items not made available for inspection, and ordered delivery or payment of their value.

  • Discovery Affidavit
  • Rule 30a Sanction
  • Inspection Of Documents
  • Movable Property Claim
  • Striking Out Defence
  • Civil-procedure
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Civil Procedure [2013] ZAGPJHC 88

Firstrand Bank t/a Westbank v Manhattan Operations (Pty) Ltd and Others (37793/2012)

Firstrand Bank t/a Westbank v Manhattan Operations (Pty) Ltd and Others (37793/2012) [2013] ZAGPJHC 88; 2013 (5) SA 238 (GSJ) (18 April 2013)

The court held that Rule 35(14) can apply to application proceedings via Rule 35(13), but only in exceptional circumstances. The respondents’ request for discovery was dismissed.

  • Discovery In Application Proceedings
  • Rule 35 Uniform Rules
  • Exceptional Circumstances
  • Inspection Of Documents
  • Civil-procedure
  • Discovery
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.