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History of this document
01 August 2023
Commenced by
Liquor Products Amendment Act, 2021: Commencement
Commenced
17 September 2021 this version
02 August 2021
Assented to
Cited documents 0
Documents citing this one 3
Judgment
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Administrator permitted to enforce judgment by execution against a primary residence after debtor failed to show execution was unwarranted.
* Sectional titles – administrator’s locus standi under s 16 STSMA – purposive interpretation of appointment order
* Civil procedure – Uniform Rule 46(1) and Rule 46A – execution against primary residence – judicial oversight and consideration of relevant factors
* Levy recovery – enforcement of body corporate judgments; reserve price and municipal valuation relevance
* Procedural – nulla bona return; contested accounting/valuation does not prevent execution absent set‑aside of judgment
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Rescission refused where executability order was validly granted after proper service; rescission cannot substitute for appeal.
* Civil procedure – rescission – Uniform Rule 42(1)(a) – limited to errors apparent on face of record; not a substitute for appeal. * Executability – Uniform Rule 46/46A – application to declare sectional title unit executable for unpaid levies; consideration of primary residence protection. * Service – validity of service by affixing at domicilium and subsequent personal service. * Interpretation – purposive construction of administrator appointment order under STMA s16.
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