Arrear maintenance: Must you choose your weapon?

“A maintenance order is granted to protect the vulnerable and ensure their support ….. the law seeks to promote an effective and accessible maintenance scheme ….. An effective maintenance scheme exists where maintenance ordered is paid and received without undue delay” (Savage AJ in judgment below) If you are struggling to recover maintenance from a defaulter, must you “choose your weapon” by selecting only one of the recovery methods available to you?  Or can you use all possible weapons at your disposal, simultaneously? (more…)
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You, Your Neighbour, And Your (Suddenly Stronger) Demolition Remedy

Yet another court decision – this time in the High Court - underlines the growing readiness of courts to order demolition of any building work carried out without approved plans (or otherwise unlawfully). In the case in question, a demolition order was confirmed on the application of a neighbour.  In other words, this was a case where “private” or “neighbour” law applied, rather than the “public law” matter in which the Supreme Court of Appeal held last year that a court has no discretion but to grant a municipality a demolition order where a structure is illegal for want of…
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Rates clearance – A new risk for buyers?

Property buyers need to be aware of, and protect themselves against, a possible new risk. In a nutshell, you cannot take transfer of a property until the local municipality issues a “rates clearance certificate” confirming that all rates, service charges, levies etc due on the property have been paid in full. (more…)
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Your Car – washed, waxed and stolen. Can you sue?

You leave your precious car for a wax and polish at a car wash, and a thief steals it. Can you sue the car wash for the value of your car? A case in point In a matter recently before the Supreme Court of Appeal, a car owner had left his vehicle (keys inside) at a car wash, agreeing to collect it at lunchtime. However, alerted by a vehicle tracking company and police, the owner discovered that the car had been stolen. The car wash was clearly negligent - the car was parked in the street in a high-crime area,…
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