Airpark Property Development vs. Altitude Adjustment Aviation
A comprehensive legal dispute timeline involving a 99-year hangar lease agreement and alleged arrears totaling R18,936,561.15
Case Overview
Case Information
Court: High Court of South Africa, Gauteng Division, Johannesburg
Case Number: 2025-171301
Filing Date: 22 September 2025
Amount in Dispute: R18,936,561.15
Parties Involved
Applicant: Airpark Property Development (Pty) Ltd (Registration No. 2010/041762/23)
Respondent: Altitude Adjustment Aviation CC (Registration No. 1999/010783/23)
The dispute centers on a 99-year notarial lease agreement for Hangar 1A, spanning 150 square meters, with rental consideration paid upfront and monthly levies.
The Lease Agreement Foundation
99-Year Lease
Notarial lease agreement signed approximately in 2014 for Hangar 1A
Property Details
Hangar 1A comprising 150 square meters of aviation facility space
Payment Structure
Rental consideration paid upfront with monthly levies payable thereafter
The lease agreement, referenced in correspondence dated 14 January 2025 and 11 September 2025, forms the contractual foundation of this dispute. The long-term nature of the 99-year lease and the upfront payment structure are central to understanding the parties' positions regarding levy obligations and payment disputes.
Timeline of Escalating Tensions
1
December 2024
Richard Stubbs responds to Airpark's notice regarding levy disputes via email on 21 December 2024
2
January 2025
Airpark issues demand letter on 10 January requiring payment of R9,937,500 by 27 January. Nikita Moore Attorneys responds on 14 January disputing locus standi and levy amounts
3
April-May 2025
Airpark cancels lease on 30 April citing vagueness, fraud, harassment, and non-payment. Nikita Moore Attorneys denies validity on 02 May and warns against eviction
4
August-September 2025
Invoice disputes arise in August. Beder Friedland Inc threatens legal action on 09 September. Nikita Moore Attorneys rebuts on 11 September. Statement issued 04 September showing R18,936,561.15 due
5
September 2025
Notice of Motion filed in High Court on 22 September seeking eviction and full payment
The Initial Demand
10 January 2025
Airpark Property Development issues formal demand letter requiring payment of arrears totaling R9,937,500
Deadline: 27 January 2025
Reference: Letter of 10 Jan 2025 (FA6)
14 January 2025
Nikita Moore Attorneys responds on behalf of Altitude Adjustment Aviation, disputing Airpark's locus standi and challenging the levy amount calculation
Reference: Letter of 14 Jan 2025 (FA7)
27 January 2025
Payment deadline expires without compliance from the Respondent, setting the stage for further legal escalation
Reference: Letter of 10 Jan 2025
Lease Cancellation & Legal Countermeasures
30 April 2025
Airpark's Cancellation Notice
Airpark Property Development formally cancels the lease agreement, citing multiple grounds:
  • Vagueness in lease terms
  • Allegations of fraud
  • Claims of harassment
  • Non-payment of levies
Reference: Letter of 30 Apr 2025 (FA8)
02 May 2025
Attorney Counter-Response
Nikita Moore Attorneys swiftly responds, denying the validity of the cancellation notice and issuing a stern warning against any eviction attempts.
The attorneys maintain their client's position that the lease remains valid and enforceable, challenging Airpark's legal grounds for cancellation.
Reference: Letter of 02 May 2025 (FA9)
Invoice Disputes & Final Warnings
15 August 2025
Communication regarding invoice error and issuance of updated invoice
09 September 2025
Beder Friedland Inc confirms lease cancellation and states eviction proceedings will commence
11 September 2025
Nikita Moore Attorneys reiterates client's position and warns against interference
The dispute intensified through August and September 2025 with competing legal positions. Beder Friedland Inc's letter of 09 September 2025 (FA10) marked a critical escalation point, confirming the lease cancellation and threatening formal eviction proceedings. Nikita Moore Attorneys' rebuttal on 11 September 2025 (FA11) maintained the Respondent's defensive stance, warning against any interference with their client's occupation of the premises.
The Financial Statement
R18.9M
Total Amount Due
According to Airpark's statement dated 04 September 2025
R9.9M
Initial Demand
Original arrears claimed in January 2025 demand letter
150
Square Meters
Size of Hangar 1A subject to the lease agreement
On 04 September 2025, Airpark Property Development issued a comprehensive statement (FA13) showing total arrears of R18,936,561.15. This represents a significant increase from the initial January 2025 demand of R9,937,500, reflecting accumulated levies, interest, and other charges over the intervening months. The dramatic escalation in the claimed amount underscores the financial stakes of this legal dispute.
Court Application Filed
Filing Details
Date Filed: 22 September 2025
Document: Notice of Motion
Court: High Court of South Africa, Gauteng Division, Johannesburg
Case Number: 2025-171301
Relief Sought
Airpark Property Development filed its Notice of Motion in the High Court seeking two primary forms of relief:
  1. Eviction of Altitude Adjustment Aviation CC from Hangar 1A
  1. Payment of the full amount of R18,936,561.15 in arrears, interest, and associated costs
The application represents the culmination of nearly nine months of escalating disputes, failed negotiations, and competing legal positions between the parties.
Key Legal Issues at Stake
1
Locus Standi
Whether Airpark has the legal standing to demand levy payments and cancel the lease agreement
2
Levy Calculation
The validity and accuracy of the levy amounts claimed, from the initial R9.9M to the current R18.9M
3
Lease Validity
Whether the grounds cited for cancellation (vagueness, fraud, harassment, non-payment) are legally sufficient
4
Payment Obligations
The scope and nature of the Respondent's financial obligations under the 99-year lease agreement
5
Eviction Rights
Whether Airpark is entitled to evict the Respondent and the procedural requirements for doing so
The High Court will need to resolve these fundamental legal questions to determine the rights and obligations of both parties under the lease agreement and applicable South African property law.