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Although the function and purpose of homeowners' associations are indistinguishable from those provided by municipalities and body corporates, their rights to veto the sale of property in the event of outstanding levies have not always been recognised when a member has been placed in liquidation or sequestration. The effect of sequestration or liquidation is to […]
The Companies Act provides minority shareholders with a right to apply to court for relief against conduct that is "oppressive, or unfairly prejudicial to, or unfairly disregards the interests" of the shareholders concerned. In a recent decision of the Supreme Court of Appeal (SCA), the court provided guidance on the application of this remedy. It […]
The two youngest lawyers at one of Durban's oldest law firms say bigger firms, more technology, less red tape and more women in suits are the future for the legal profession. Jason Goodison, 28, and Sybil Mvulane, 20, two up-and-coming legal eagles at Cox & Yeats, which celebrates 50 years in business this year, said […]
Brettenwood Coastal Estate was established in 2004, during the boom times of the property market in South Africa. The Estate endured the slump in the property market from 2009 onwards. The past few years have seen the introduction of the dynamic and energetic Home & Country Property sales team and, with a slight upswing in […]
When providing finance or granting credit facilities, most creditors insist on suretyships as peace of mind that their debt is secure. This may not be the case in the event of the debtor company being placed in business rescue. In broad terms a surety can be described as a party binding itself in favour of […]
July marked 50 years since founding partner Graham Cox (right) opened the doors to this prestigious Durban law firm. A year later Jeremy Yeats joined Cox, becoming a partner in 1967, to create a formidable team combining their passion for law with astute business sense – Cox Yeats. Since then many of KwaZulu-Natal’s respected businesses […]
In celebrating their 50th Anniversary, Cox Yeats Attorneys reached out to their communities to mark this milestone by planting trees. Through Food & Trees for Africa (FTFA), three underprivileged schools in the Durban area were identified to receive 50 trees donated by Cox Yeats. The objectives being to plant for the future education of our […]
If you are considering buying a property with someone other than a spouse, it is advisable to enter a co-ownership agreement. A co-ownership agreement should deal with issues such as the sale of the property, resolution of disputes and maintenance. The danger of not entering into a co-ownership was highlighted in Claassen v Quenstedt and […]
Government entities are on a tender binge at the moment. With fresh budfets and post-electoral hype filling the corridors of the organs of state that run our country, there are an unusually high numbers of tenders being advertised and awarded. If one simply looks at any Sunday newspaper it almost seems as if government tenders […]
SINCE the answer is obvious, there is one question that need not be asked by anyone in the business of importing or exporting goods or arranging their carriage over land or by sea or air: Cargo must be insured. Having said this, I do, from time to time, come across instances where goods are not […]
Most people are of the view that once a transfer is registered in the Deeds Office, they are guaranteed ownership of the property. South Africa has an abstract system of transfer of immovable property rather than a causal system. In a causal system, there has to be a valid underlying cause giving rise to the […]
