High Court of South Africa Free State, Bloemfontein - 2017

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3 judgments

Citation	Judgment date
October 2017
Goldex 16 (Pty) Ltd v Bpdy Corporate of Waterford Golf and River Estate SS 139/2006 and Another (3979/2016) [2017] ZAFSHC 173 (13 October 2017) A holder of a Real Right of Extension is not statutorily liable for general levies, but contractual undertakings may impose levy liability. Sectional titles – Real Right of Extension – holder of real right is not an "owner" for purposes of ST Act and STSMA – statutory levy liability limited; s 3(1)(d) confined to actual costs of reserved common-property parts – contractual undertakings can create levy liability – servitude registration requires clear draft deeds – monetary levy claims may be referred to trial.	13 October 2017
Mohajane v Road Accident Fund (2718/2015) [2017] ZAFSHC 172 (5 October 2017) A surviving cohabiting partner in a de facto customary marriage may claim loss of support where a tacit maintenance duty existed. Delict – Loss of support – Surviving cohabiting partner – Extension of remedy to a de facto customary marriage where elders’ blessing, lobola negotiations and shared household indicate a tacit maintenance duty; boni mores and constitutional values justify protection.	5 October 2017
September 2017
Oosthuizen v Castro and Another (2858/2012) [2017] ZAFSHC 163 (18 September 2017) Reported Whether the respondent FSP’s negligent investment advice caused the applicant’s loss and whether the insurer must indemnify. Financial services providers – duty of care, skill and diligence – Durr v ABSA and FAIS Act standards. Professional indemnity insurance – construction of exclusion clauses concerning depreciation/failure to appreciate and representations as to performance. Exclusion clauses in insurance policies construed restrictively and in context; exclusions do not generally deprive cover for negligent advice leading to loss from a fundamentally defective scheme. Indemnity granted subject to policy limit and excess.	18 September 2017