WILFUL IGNORANCE LANDS PROPERTY SELLERS WITH LIABILITY FOR DAMP DAMAGES Gortzen and Another v Moolman (A3022-2021) [2024] ZAGPJHC 1780 (28 February 2024) Getting the home showroom ready, remaining wilfully ignorant of the obvious, and allowing reckless half-truths to prevail, all
Read MoreDEFAULTING PURCHASER SEEKS TO INTERDICT ON-SELLING Fatmols Lodges Proprietary Ltd v Botha and Others (017800/2023) [2024] ZAGPJHC 30 (17 January 2024) An anti-dissipation interdict is similar to an ‘ordinary’ interdict, but only to a certain extent. In a property law
Read MoreMedia24 is pleased that a precedent-setting Western Cape High Court judgment, handed down this week, found in its favour. The order comes after Media24 asked two ladies, who had paid subscriptions, to desist from sharing pdf copies of its journalists’
Read MoreGUARANTEE OR SURETYSHIP: THEIR DIFFERENCES MATTER Standard Bank of South Africa Ltd v Wardkiss Property Holdings (Pty) Ltd (9324/22) [2023] ZAKZPHC 153 (19 December 2023) The distinction “often turns on a knife edge”, says academics, and telling a guarantee apart
Read MoreTRUSTEES’ GOOD FAITH OBLIGATION: LEAVE PERSONAL BATTLES ASIDE Body Corporate of Sunnyside Gardens v Perreira ZAGPPHC 1960 (28 November 2023) Making oneself available as a trustee in a sectional title scheme is not without challenges. It obliges the appointed person
Read MoreAccountable institutions would all have received a Media Release from the FIC earlier this week, dated 4 December 2023. It served mainly as a reminder of sanctions that may follow on non-compliance and that, should non-compliance in a specific instance
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