Your Body Corporate and Arrear Levies: To Sequestrate or Not To Sequestrate?

“…aye, there’s the rub” (Shakespeare) Levies are the lifeblood of a sectional title scheme, and the Body Corporate has a duty to recover arrears from defaulting owners. It has the power, in addition to following standard debt collection procedures and perhaps approaching the Community Schemes Ombud for assistance, to apply for the sequestration of the…

Suing Your Security Company: The Case of a Burgled Butchery

“Somewhat ironically, given the fact that the phrase “not a sausage” is originally derived from the Cockney rhyming slang “sausages and mash” meaning “cash”, they got away with not a sausage from the butchery but a great deal of cash” (extract from judgment below) When you employ a security company to provide alarm monitoring and…

Property Scams – Beware (Cyber) Wolves in Sheep’s Clothing!

“Beware the wolf in sheep’s clothing” (Aesop’s Fables) Cybercrime levels are surging, and it didn’t take the scammers long to figure out that when you buy and sell property you become a prime target because of course – Property transactions provide rich pickings, often very rich pickings. Electronic communication between attorneys and clients, which is…

Lending Money Repayable “On Demand”: Beware Prescription!

“…prescription started its deadly trudge on the day the loan at issue in these proceedings was advanced” (extract from judgment below) You will know that most debts prescribe (become unclaimable) after 3 years, so as a creditor you need to know exactly when it starts running. From that moment on, the clock is ticking… A recent Constitutional Court…