Hubbard v Cool Ideas 1186 CC (580/12)
Hubbard v Cool Ideas 1186 CC (580/12) [2013] ZASCA 71; 2013 (5) SA 112 (SCA); [2013] 3 All SA 387 (SCA) (28 May 2013)
The Supreme Court of Appeal held that section 10 of the Housing Consumers Protection Measures Act 95 of 1998 prohibits an unregistered home builder from receiving any consideration for the construction of a home. The prohibition is directed at the person seeking payment, not the validity of the underlying agreement. The subsequent registration of Cool Ideas did not cure the statutory prohibition applicable at the time of construction. The intervention of arbitration does not alter the legal position, as a court cannot make an order that would sanction an illegality. Judicial deference to arbi…
Source excerpt
- Housing Consumers Protection Measures Act
- Arbitration Award Enforcement
- Statutory Prohibition
- Registration Of Home Builders
- Illegality In Contract
- Judicial Deference To Arbitration