Judge criticises huge legal bill for R8 000 dispute
A KZN North Coast homeowner faces a legal bill running into ‘many hundreds of thousands of rands’ after losing several court battles over levy arrears of only R8 800, says a report in The Mercury. The six-year dispute between the body corporate of Crystal Cove in La Mercy and pensioner Krishna Padachie ended last week when the SCA dismissed his final bid to overturn a ruling by an arbitrator that he owed the money.
‘The absurdity is that the costs of the litigation far exceed the capital. The matter should never have been allowed to reach this point. It is extraordinary that it has taken two arbitrators, a High Court judge and five judges of appeal to determine a dispute involving such a paltry sum,’ said Acting Judge Tati Makgoka, with four judges concurring. Padachie blamed the body corporate for ‘reneging on a settlement agreement in 2011 and opting to litigate’. But attorney Jonathan de Wet, for the body corporate, denied this.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
