A PROMISE TO PAY NEEDS MORE THAN GOOD INTENTIONS
Nedbank Limited v Blue Sands Trading 537 CC and Others (9840/2014) [2016] ZAKZDHC 4
(15 February 2016)
Often when times are tough, homeowners approach their bondholders to negotiate alternative repayment terms. But a second chance requires nurturing, lest it counts against them when the crunch comes. The outcome here is illustrative of considerations at play when a court is asked to declare someone’s home executable, the judgment noting that “[f]or the purpose of the present application … the issue of the debtors’ payment history … was a factor that weighed heavily with me.”
read more
The Judgment
Summary of the Judgment
DEMOLITION ORDER AGAINST NEIGHBOUR’S ILLEGAL BUILDING
BSB International Link CC v Readam South Africa (Pty) Ltd (279/2015) [2016] ZASCA 58
(13 April 2016)
This is a confirmatory judgment where the Supreme Court of appeal upheld the court a quo’s judgment ordering a property owner to partially demolish those building works that contravened zoning provisions, on application by a neighbour. The National Building Regulations and Building Standards Act affords this remedy only on application by a municipality or the Minister and the importance here is that the court affirmed that at common law a court has a discretion to grant demolition, in appropriate circumstances, on application by a neighbour or third party whose rights are affected by the contravention of building regulations.
read more
The Judgment
Summary of the Judgment
