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Lost Views and Rising Damp – Lessons for Home Buyers
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“Learn from the mistakes of others. You can’t live long enough to make them all yourself.” (Eleanor Roosevelt)
Here’s the story of yet another bitter dispute between neighbours over the loss of a treasured view. The setting this time is a group housing development which was specifically designed to give each and every house views of both the sea-shore and of Table Mountain.
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NOTE FOR ATTORNEYS: The judgment in Gerstle and Others v City of Cape Town and Others (A484/2015) [2016] ZAWCHC 102 is on Saflii. |
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Garnishee Orders: A 7-Point Practical Guide to New Rules for Lenders, Debtors and Employers
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“…..the law regulating the granting of emoluments attachment orders was misapplied and abused by the credit providers. This caused enormous hardship to individuals against whom those orders were issued” (extract from judgment below)
How does the Constitutional Court’s new ruling on garnishee orders (more properly referred to as EAOs or Emoluments Attachment Orders) affect you?
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NOTE FOR ATTORNEYS: Judgment in University of Stellenbosch Legal Aid Clinic and Others v Minister of Justice and Correctional Services and Others; Association of Debt Recovery Agents NPC v University of Stellenbosch Legal Aid Clinic and Others; Mavava Trading 279 (Pty) Ltd and Others v University of Stellenbosch Legal Aid Clinic and Others [2016] ZACC 32 is available here and there is a Media Summary on the Constitutional Court website. At [212] of the judgment, see paragraph 8 of the order for how Section 65J(2) of the Magistrates’ Courts Act 1944 reads after the severance and reading-in (words that have been severed are shown by way of strikethrough and words that have been read-in are underlined). |
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Divorce Maintenance: Can You Contract Out of It?
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“The concept of chivalry is beyond his comprehension and lies dead and buried in his mind, if it ever existed” (Part of the Court’s scathing assessment of the husband in the judgment below)
Generally, our laws hold us to the agreements we make with each other, but there are limits. A recent High Court judgment, dealing with a bitterly-fought divorce dispute, illustrates.
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NOTE FOR ATTORNEYS: Judgment in W v H (25394/2010) [2016] ZAWCHC 97 is on Saflii. |
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Selling Property? Check for VAT Before You Sign
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“There's many a slip 'twixt the cup and the lip” (very old and very wise proverb)
You sell your property for a good price and, with the deal in the bag, you start daydreaming about how to spend the proceeds. Then – disaster of disasters – you realise that in the excitement of the sale you forgot all about VAT.
It’s an easy mistake to make, and a recent High Court case shows just how costly it can be.
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NOTE FOR ATTORNEYS: Judgment in Gerber v Naidoo and Another (3048/2015) [2016] ZAECPEHC 11 is on Saflii. |
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NOTE FOR ATTORNEYS: No notes for this article. |
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Disclaimer
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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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