IDR Workshop Judgements (Arbitration section) Kotzen v Thorn Valley Estate, which confirms that the CSOS Act does not exclude the right of parties to refer a dispute to arbitration( in a homeowners association).Heathrow Property Holdings v Manhattan Place Body Corporate, which is the strong precedent by the Western Cape High Court that the legislature intended that the primary forum for adjudication of disputes in terms of the Act is the CSOS and that the High Court is intended to be a which is to exercise review and appellate jurisdiction- not adjudicatory jurisdiction. The court in this matter was dealing with a sectional title scheme.Wingate Body Corporate v Pamba, which followed the Heathrow Property Holdings matter. This is a Gauteng High Court judgement thus following the Western Cape High Court judgement.
