Maryna holds the BA, LLB, LLM degrees and is an Executive Consultant at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 11 – 2016

MAKE USE OF INTERNAL REMEDIES!

Christina Friederike CC v Quartet Body Corporate and Others (2013/19206) [2016] ZAGPJHC 35
(2 March 2016)

The judgment deals with the mud-slinging between two sectional title owners regarding renovations to their units and leaks allegedly caused as a result. The court cautions that before a final interdict is sought, parties should make sure to first exhaust available internal remedies provided in the scheme’s rules, as a final interdict is a drastic remedy and will not be granted without more.

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The Judgment
Summary of the Judgment

 

STANDING SURETY: KNOW WHAT YOU SIGN

Standard Bank of South Africa Ltd v Herselman (328/2015) [2016] ZAFSHC 39 (3 March 2016)

There are many reported judgments where one party seeks to escape liability under a suretyship. A defence that the implications of the document was not explained, despite wording in the agreement requiring the signatory to acknowledge that all has been explained to him/her, are common. The present matter is another such example and highlights how important it is to read the details of the agreement, before putting pen to paper.

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The Judgment
Summary of the Judgment

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