I DIDN’T KNOW VAT IS PAYABLE! CAN I GET OUT OF SALE?
Sheriff of the High Court Piketberg and Another v Lourens; In re: Standard Bank of South Africa Ltd v Trustees for the Time Being of the Eila Trust and Others (3467/2014) [2016] ZAWCHC 93
(1 August 2016)
Modern laws brim with many safeguards for consumers, also in execution sales where both the Rules of Court and the Consumer Protection Act are relevant. Against the background of these provisions, the question that arose in this matter was whether the consumer rights of a successful bidder at an execution sale were denied by the fact that the sheriff did not inform him that VAT would be payable, despite the sale conditions noting that the purchaser will be liable for the costs of transfer.
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The Judgment
Summary of the Judgment
LIFTS STILL NOT WORKING – CAN TRUSTEES BE PUT TO TASK?
Lyons v The Body Corporate of Skyways (3643/2016) [2016] ZAWCHC (26 May 2016)
This matter dealt with an owner seeking a final interdict obliging the body corporate to resolve the problem of long-standing malfunctioning elevators. Trustees, acting on behalf of a body corporate, are obliged by the Sectional Titles Act to ensure that certain maintenance functions are performed. But the body corporate had already employed two companies to attend to these repairs, both not performing. What more can be expected of them?
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The Judgment
Summary of the Judgment