The Garage Door That Had the Complex Up in Arms

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August 2024 NEWSLETTER

Homeowners Associations (HOAs) and Bodies Corporate take note! A recent High Court decision confirms that you cannot enforce your rules and regulations inconsistently.

At stake in this case was an HOA’s instruction to a homeowner to remove his “mirror finish” garage door, which contravened one of the estate’s architectural rules.

But, as some damning photographs of other mirrored doors proved, the HOA had seemingly not enforced that rule consistently…

It’s Sick Leave Season – Can You Reject a Dodgy Doctor’s Sick Note?
	The last thing employers and employees want is for sick colleagues to drag themselves to work. There’s nothing more off-putting than sharing an office with a coughing and spluttering coworker. But, on the other hand, what can you as an employer do if you suspect staff of malingering? When can you insist on a medical certificate? And can you reject it if you think it’s falsified? A recent Labour Appeal Court decision over an employer’s decision to reject sick notes from a “dodgy doctor” addresses those questions.

Divorce Diaries: Anti-Dissipation Orders in Action
	When you’re going through a divorce it’s common to suspect your ex is selling off assets on the sly or concealing them from you outright. The paranoia is justified: you could leave the marriage with a lot less than your fair share. A recent SCA (Supreme Court of Appeal) battle over an ex-husband's decision to sell his property without telling his ex-wife raises further concerns. Why did his ex-wife's “anti-dissipation interdict” fail, and what can you do to avoid the same fate?

Sour Grapes? Don’t Make Accusations Unless They’re True

A company director recently went public with claims that a government minister had solicited from him a R500m bribe. He says the request was made by two unnamed informants over a restaurant dinner. But he had no evidence to prove his claims.

The minister, desperate not to have his good name sullied by “slander’s venomed spear”, hit back, lodging a R1m defamation case. The courts wasted no time in finding in the minister’s favour.

Yet another warning not to dabble in defamation if you can’t back your allegations.

Legal Speak Made Easy

“Domicilium Citandi et Executandi”

Very commonly found in contracts of all types, and seldom treated seriously enough, this is the address you choose for receiving all legal notices and documents. Service at or delivery to this address is considered valid in law whether or not you actually get to see the notice/document. So it is vital to choose an appropriate address up front, one at which any notices or summonses delivered will actually come to your personal attention. Add your email address if the contract allows you to. And remember to immediately advise the other party (in writing or as required in the contract) of any change in your address.

Disclaimer

The information provided herein should not be used or relied on as professional advice. No liability can be accepted for any errors or omissions nor for any loss or damage arising from reliance upon any information herein. Always contact your professional adviser for specific and detailed advice.

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