Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009)
Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009) [2014] ZAGPPHC 368 (10 June 2014)
The court found that the defendants, in lodging objections and appeals against the plaintiffs' township application, acted with the predominant intent to harm the plaintiffs and not to advance any legitimate commercial or town planning interest. The evidence, including minutes of Proc Corp's directors' meetings and expert testimony, established that the objections were part of a strategy to delay competing developments and stifle competition, rather than to protect reasonable interests. The defendants' failure to lead evidence to explain or justify their conduct reinforced the inference of ma…
Source excerpt
- Abuse Of Rights
- Mala Fide Objection
- Town Planning Ordinance
- Delictual Liability
- Loss Of Profit
- Statutory Rights Limitation