Gregory Francis Porteous

Brief curriculum vitae:

LAND USE MATTERS

My practice involves various forms of litigation in the High Court in respect of matters pertaining to Town Manning and Land Use. This, in turn, involves the interpretation and application of the various Provincial Ordinances and Town Planning Schemes as well as the National Building Regulations and Building Standards Act 103 of 1977 (“the NBSA”).
This field also involves various appearances before Municipal Planning Tribunals established in terms of the Spatial Planning and Land Use Management Act 16 of 2013, various appeal bodies authorised thereunder as well as tribunals and appeal tribunals established under the Local Government: Municipal Property Rates Act 6 of 2004.

CONSTRUCTION DISPUTES

Disputes between building contractors and civil contractors and their clients are settled both by way of High Court litigation and by arbitration. I represent both contractors and clients in both fora.
Such disputes usually centre around the cost implications of site variation orders and the settlement of final accounts. The contractual relationships are usually governed by written agreements that follow the format of the Joint Building Contracts Committee (“JBCC”) standard form of agreement.

SECTIONAL TITLE DEVELOPMENTS

I am frequently consulted by residential property developers who intend to undertake Sectional Title Developments as well as managing agents and bodies corporate in respect of the proper administration and control of sectional title schemes. My expertise in this field is both of a practical and technical nature.
In more than one instance, I have been called upon to represent developers and/or bodies corporate in instances where the ownership structures of golf courses and similar amenities have been inappropriately set up and which have led to disputes as to responsibility for costs and maintenance etc.
This area of my practice also involves dealing with issues that arise where Sectional Title Schemes are developed in phases or where Real Rights of Extension (in terms of section 25 of the Sectional Titles act, 1986) have been marketed. I have had experience of such issues which have arisen from the current legislation as well as from the (now repealed) Sectional Titles Act, 1971.

TOWNSHIP ESTABLISHMENT

I am well versed with the procedures for township establishment set out in the Town Planning and Townships Ordinance 15 of 1986 as well as those contained in the legislation applicable to the other provinces. I have established townships from the initial application right through to the installation of services, opening of township registers and final proclamation. As a result, my opinion is frequently sought on technical issues that are encountered by various leading property developers throughout South Africa.
Furthermore, I am frequently briefed in order to engage with local authorities where their demands on developers are inappropriate or in excess of the relevant legislation. Such matters lead, from time to time, to High Court applications wherein either a mandamus is sought or where decisions already are taken are sought to be reviewed and set aside.

ENVIRONMENTAL ISSUES

I have had considerable experience with environmental issues as they arise in the township development process and I am familiar with the various legislation which exists in respect thereof. Environmental issues, therefore, also form a significant part of my practice.
There is an overlap between the environmental legislation which pertains to property development and to mining. As a result, I have been briefed in respect of various disputes related to the environmental responsibilities which rest upon owners and operators of mines after the closure thereof.

COMMERCIAL LITIGATION

I am frequently briefed by property developers who sell erven and/or sectional title units in respect of contractual disputes. Many such disputes centre around claims for agent’s commission.
Disputes of nature referred to above are, however, frequently referred to arbitration rather than determined in the High Court. My practice also involves a significant amount of work of this nature by way of action as well as arbitration.

Academic qualifications:

B Proc Degree at the University of the Witwatersrand in 1979
LLB Degree at the University of South Africa in 1998

Principal reported cases:

1. Kmatt Properties (Pty) Ltd v Sandton Square Portion 8 (Pty) Ltd and Another 2007 (5) SA 475 (W)
2. Lodhi 2 Properties Investments CC and Another v Bondev Developments (Pty) Ltd 2007 (6) SA 87 (SCA)
3. Stalwo (Pty) Ltd v Wary Holdings (Pty) Ltd and Another 2008 (1) SA 654 (SCA)
4. Wary Holdings (Pty) Ltd v Stalwo (Pty) Ltd and Another 2009 (1) SA 337 (CC)
5. Delpech v Holloway and Others 2011 (2) SA 194 (GSJ)
6. Fedgroup Participation Bond Managers (Pty) Ltd v Trustee, Capital Property Trust 2015 (5) SA 290 (SCA)
7. BSB International Link CC v Readam South Africa (Pty) Ltd and Another 2016 (4) SA 83 (SCA)
8. Readam South Africa (Pty) Ltd v BSB International Link CC and Others 2017 (5) SA 184 (GJ)