The court applies the principle from Cassim that section 41 finds application precisely when there is disharmony in the body corporate and that an owner must…
Cited in relation to the requirement that a curator ad litem must report to the court which may issue such directions as it sees fit under section 41(4).
The Supreme Court of Appeal (per Ponnan JA, with Saldulker and Swain JJA and Plasket and Makgoka AJJA concurring) upheld the appeal and set aside the high…
Cited for the principle that section 36(6) gives a body corporate powers to sue that it would otherwise not have had under normal circumstances.
The court applies the test laid down in Wimbledon Lodge for establishing the jurisdictional facts under section 41(1) of the Sectional Titles Act.
Distinguished on the basis that in Spilhaus the claim did not arise from s 2(7) but from enforcement of a zoning scheme in the interests of property owners,…
Distinguished because unlike in Spilhaus, this case involved a jurisdictional issue and lacked a proper factual foundation for the declarator sought.
Applied to confirm that remittal would be a waste of judicial resources and inconsistent with the principle of finality in litigation.
Court distinguished cases in which jurisdiction is absent from the approach adopted in Spilhaus.