By Phathu Ratshitanga and checked by Lauren Squier        Background In this matter, judge Perram of the Federal Court of Australia dealt with an application for postponement of a trial which was set down for a period of six weeks, commencing 16 June 2020. The trial, a class action in relation to faulty

By Dean Scher and Stefan Bezuidenhout  BACKGROUND This is an appeal against the decision of the court a quo, the North West Division of the High Court, Mahikeng, to the Supreme Court of Appeal (“SCA”). The judgement is the unanimous decision of the full bench of the SCA, Judge Plasket being the author of the

By Chantelle Gladwin, Partner and Maike Gohl, Partner Introduction When auditing Body Corporate municipal accounts, Schindlers often discovers that the account is still in the name of the developer. Legally, this is incorrect, and it can cause significant prejudice to all parties concerned. In Part 1 of this article we consider whose responsibility it is

By Courtney Altmuner and checked by Stefan Bezuidenhout                                                       Background The High Court of South Africa, Gauteng Local Division (“the Court”) was tasked with deciding a matter in which

By Chantelle Gladwin, Partner and Maike Gohl, Partner                                      Introduction When auditing Body Corporate municipal accounts, Schindlers often discovers that the account is still in the name of the developer. Legally, this is incorrect, and it can cause

By Chantelle Gladwin, Partner and Maike Gohl, Partner                                      Introduction Imagine that you own a building that you rent out.  Imagine it is highjacked and the best lawyers in the country tell you it will take at least

By Angela Paschalides and checked by Michal Asoulin                                          Background The High Court of Justice (Queen’s Bench Division Commercial Court) (the “Court”) heard a case in which Lamesa Investments Limited, a company registered in accordance with

By Anja Van Wijk, Senior Associate and Chantelle Gladwin-Wood, Partner Introduction The chances of any landlord or tenant coming out of the COVID pandemic unscathed are very low. Now, more than ever, the chances of a landlord being placed in the same position as if the breach had never occurred by way of the recovery

By Chantelle Gladwin-Wood, Partner; Lisa Schmidt, Associate andAyanda David Katjitae, Associate Introduction Many owners living in sectional title schemes fail to pay their levies on time or at all in terms of their management contracts.  Management contracts (which are contracts that deal with the obligations and duties of the managing agent as prescribed by the

By Lisa Schmidt, Associate and Ayanda David Katjitae, Associate Introduction This article will address the implications of level 3 lockdown regulations in sectional title schemes and homeowners’ associations (“community schemes”). Movement Within Community Schemes During level 5 and 4 of lockdown, owners and tenants living in sectional title schemes were required to remain within their