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| in short |

| estate agents collecting debt, beware |

 

The Council for Debt Collectors has recently found that estate agents and managing agents for sectional title schemes need to register as debt collectors in terms of the Debt Collectors Act, 1998 (‘the Act’) if they collect arrear rental or levies for fees or remuneration.

 

In the case at hand it appears the Agents charged fees for telephone calls, letters of demand and letters in respect of the rules of the sectional title scheme in a case where they collected arrear levies (and while they were at it they charged it at exorbitant rates).

 

In terms of the Act and the Magistrates Court Rules, only attorneys and registered debt collectors may charge certain fees or be remunerated for the debt collection.

 

>>> Read further (full article)

 

 

 

The decision in RONBEL v SUBLIME [2009] ZASCA 103 (18 September 2009) endorses S359 (2) of the Companies Act and applies it within the context of cession. It is apparent that the relevance of this section is not to be under-estimated, as it creates strict time constraints, which if not complied with, may lead to the abandonment of proceedings.

 

S359 (1) of the Companies Act states that upon the registration of a special resolution by a company that it be wound up voluntarily, all civil proceedings against that company are suspended until such time as a liquidator is appointed. S359 (2) states that a person who intends to continue with such proceedings must, within four weeks after the appointment of the liquidator, give the liquidator three weeks notice of his intention to continue. In the event that such notice is not provided for then the proceedings are considered to have been abandoned [S359 (2) (b)].

 

>>> Read further (full article)

 

| ek sê |

| van geld, egskeidings en saucy affairs, hp v sp |

 

Daar is min prosedures in ons regstelsel wat so handig is soos ‘n tydige aansoek in terme van Reël 37 van die Hooggeregshof rëels nie. In wese voorsien die reël dat ‘n gade ‘n aansoek kan bring waarin die hof gevra word om ‘n bevel toe te staan vir tydelike onderhoud terwyl ‘n egskeiding geding aanhangig is, en voordat die kwessie van onderhoud finaal in die egskeidingsbevel bepaal word.

 

>>> Lees verder (volledige artikel)

 

 

| nowheresville |

We’ve heard it all before – “why should we get married, things are perfect just the way they are!” Well, it may very well be the time to assess whether you and your beloved could potentially be declared as being party to a universal partnership, in which case each partner may have a valid right to property acquired both during and before the relationship.

 

>>> Read further (full article)

 

 

| swindon property minute |

| landlords need to come to the party |

 

Landlords need to be flexible about rental rates, escalations, length of leases and tenant fit out contributions if they are to ensure their buildings stay let in the current economic climate. Although the Cape Town commercial property market has held well over the recessional market, the decision makers need to be more creative in the structuring of deals with tenants.

 

>>> Read further (full article)

 

| rollonfriday |

| solicitor shoots judge in court |

 

An Irish solicitor is buffing up his CV after making the career-limiting move of shooting a judge in court.

 

Judge John Neilan was hearing a Family Law case in Longford District Court on Tuesday when a solicitor accidentally shot him with an air pistol. It's not entirely clear why the pistol was being exhibited, or why it was loaded, or how the solicitor managed so accurately to target the judge. But the Longford Leader reports that the hard-as-nails judge was not seriously injured, and just dusted himself down and continued as normal.

 

Judge Neilan has some superb form. He's famous for his no nonsense pronouncements, and earlier this year he gave a man seven days jail to "learn some manners" after he talked in his courtroom.

 

A spokesman for the Irish Court Service said that it was unable to comment on Family Law cases.

 

(This section is made possible courtesy of RollOnFriday.com, visit them at www.rollonfriday.com)

 

 

| admin stuff |

|as boring as the small print |

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