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South Africa Case Law

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Land And Property [2021] ZAGPJHC 652

Dibakoane N.O v Van den Bos and Others; Van den Bos and Others v Gugulethu and Others (2021/2054; 2020/28772)

Dibakoane N.O v Van den Bos and Others; Van den Bos and Others v Gugulethu and Others (2021/2054; 2020/28772) [2021] ZAGPJHC 652 (17 August 2021)

Court
South Gauteng High Court, Johannesburg
Case number
2021/2054; 2020/28772
Judge
MJ Engelbrecht

The court found that the order appointing the administrator did not impose any obligations on the respondents, as they were not cited in the original application. There was no proper service of the order on the relevant parties, and the requirements for contempt were not met. The administrator's appointment was driven by a faction of disaffected owners, many in arrears, and was not justified by the facts. The Body Corporate's affairs were being managed by duly elected trustees and a registered managing agent, and there was no evidence of serious mismanagement or substantial prejudice warranti…

Source excerpt

  • Sectional Titles Act
  • Appointment Of Administrator
  • Contempt Of Court
  • Joinder
  • Reconsideration Under Rule 6 12 C
  • Removal Of Administrator
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Civil Procedure [2014] ZAWCHC 218

Abrahams v Shargey NO and Others (A130/14)

Abrahams v Shargey NO and Others (A130/14) [2014] ZAWCHC 218 (18 December 2014)

Court
Western Cape High Court, Cape Town
Case number
A130/14
Judges
N P Boqwana, A G Binns-Ward

The court held that the magistrate was correct in upholding the points in limine and refusing to consider the merits of the application for removal of the administrator. The appellant failed to pursue the statutory mechanisms of taxation and review of the distribution account before seeking removal. The administrator, as a practising attorney, was entitled to charge reasonable legal costs over and above the capped remuneration, provided such costs were properly accounted for and subject to review or taxation if requested. The discrepancies in the accounts and alleged unaccounted payments did…

Source excerpt

  • Administration Order
  • Removal Of Administrator
  • Distribution Account Review
  • Taxation Of Costs
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.