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NEWS

 

We thank the Lord our God, family, friends , acquaintances , guests  and corporate from all walks of life all over the world for all their well wishes and support during the  court case .  The support we  received were enormous and are highly appreciated.

 

Kini Bay group told to cough up in court battle - 8 May 2007 An ongoing legal battle by the Kini Bay Village Association to have an "unwanted" guest house removed from the coastal hamlet received a blow when the Port Elizabeth High Court instructed the association to pay R120 000 to show it can afford the costs of the legal squabble. Judge Lusindiso Pakade said it seemed the village association would be unable to pay the legal costs if it should lose the court battle. He found that taking on the Nelson Mandela Bay municipality, the Sea Otters Guest House and its owner, Pierre Kolesky, with just R3 722 in its coffers in 2005 and a total budget of R5 480 for the following financial year, proved it would not be able to meet financial obligations if it lost. The judgment follows a high court application by Kolesky demanding that the Kini Bay Village Association provide financial security in terms of the Companies Act because he had reason to believe it would be unable to pay legal costs. - The Herald Online

 

 Supreme Court of Appeal

 

Kini Bay Village Association v Nelson Mandela Metropolitan Municipality and others (434/07)

Date to be heard: 21 May 2008

Harms JA, Cameron JA, Van Heerden JA, Ponnan JA, Maya, JA Catchwords

Administrative law – security for costs– whether decision by 1st respondent to

rezone property of 2nd and 3rd respondents constitutes unfair administrative

action – whether court a quo misdirected itself in ordering appellant to furnish

security for 2nd and 3rd respondents’ costs

Appealed from SECLD

 

 

 

                                                     THE SUPREME COURT OF APPEAL

                                                        REPUBLIC OF SOUTH AFRICA

 

 

MEDIA SUMMARY- JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL

 

 

From:  The Registrar Supreme Court of appeal

 

Date: 29 May 2008

 

Status: Immediate

 

 

Kini Bay Village Association

 

And

 

Nelson Mandela Metropolitan Municipality; Chase Street Properties, Pierre Kolesky

 

 

The Supreme Court of Appeal today dismissed an appeal by the Kini Bay Village Association against an order made in the Port Elizabeth High Court directing it to furnish security for costs in its application against Chase Street Properties and Mr Kolesky.

 

The Supreme Court of Appeal rejected its argument that the judge in the High Court had not properly exercised his discretion by failing to give sufficient regard to the constitutional nature of the relief it sought.

 

The Supreme Court of Appeal, held that (i) its wealthy members were using it as a front to avoid an adverse costs order and that (ii) even though the litigation bore a constitutional character, principles of equity and fairness dictate that it provides the security to protect the respondents against irrecoverable costs.

 

 

 

Read the full judgment   click here

 

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Die Burger, 3 Junie 2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                                        

 

 

 

                                                                                                                                                     Die Burger Aanlyn