When you don’t know your own powers – a lesson and reminder for trustees

On Thursday, 26 August 2021, the Supreme Court of Appeal (SCA) will hear an appeal in the matter of The Trustees for the time being of the Legacy Body Corporate v BAE Estates and Escapes (Pty) Ltd and Pam Golding Property Management Services (Pty) Ltd. This is an appeal following the judgment of the Western Cape High Court last year.

Fausto Di Palma, Chief Legal Officer at STS, explores the decision of the High Court which ruled that the trustee resolution amounted to administrative action and set the trustee resolution aside. The Trustees had sought to ban an estate agency from operating within the Sectional Title Scheme and are now appealing the ruling of the High Court.

This decision may or may not be upheld by the SCA, in whole or in part. It will be interesting to see how the SCA rules, in the next few months when judgment is handed down, as this part of sectional title and administrative law is developed and clarified by our courts.

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