David slays Goliath in the “Battle of the St Francis Canals”
Breaking News
30th November 2017: Judgement of “Appeal Dismissed with Costs” has just been received on the November 10th “David vs Goliath” confrontation in the Bloemfontein Supreme Court between Attorney Gerald Friedman representing Nevil Hulett on the one side standing alone against Advocate Christo Stockenstrom, Advocate J P Vorster s.c. and their team of lawyers and advisors.
The loss was a major setback to a long-standing vendetta against Nevil Hulett & Quaysyde Restaurant organized by Gauteng residents advocate Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx. The time line of the vendetta was as follows:
- 2015 August: Christo Stockenstrom, attorney Gerhard Dreyer and Jemma Surrier object to the Quaysyde Restaurant liquor licence application and refuse to withdraw their objections forcing a liquor board hearing causing Quaysyde restaurant to open from December 2015 to end April 2016 without a liquor licence.
- 2015 December: Advocate Christo Stockensrom, Advocate Albert Beyleveld & attorney Cecil Beyleveld (representing Surrier, Dreyer et. al.) launch an urgent high court interdict claiming Quaysyde’s business zoning has lapsed and Quaysyde must be prevented from opening. Attorney Gerald Friedman representing Nevil Hulett dismisses the application with costs.
- 2016 April: After two sittings the East Cape Liquor Board issues Quaysyde its liquor licence despite advocate Stockenstrom with another advocate in attendance contesting the application in both sittings.
- 2016 November: Leave to Appeal has been granted to Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al. at the Supreme Court of Appeal in Bloemfontein (5 Judges).
- 2017 November: Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al. appeal dismissed with costs by a unanimous decision of the 5 Supreme Court of Appeal judges.
(See full Supreme Court of Appeal Judgement starting on page 5).
The supreme court judges in dismissing the appeal address the basis on which the case was based and wrote quite succinctly “paragraph 13: It is clear from the terms of this agreement that the second appellant (Christo Stockenstrom) regarded erf 3306 as having been zoned for business purposes. However, in October 2015, when he learned that a restaurant was being built on the property, he took offence to what he stated in the founding affidavit was ‘an unlawful invasion of the appellants’ privacy and right to peaceful and undisturbed possession of their properties’ likely to disturb the tranquil atmosphere of the ‘peaceful residential character of Marina Village and surrounding residential properties’ – all of which is somewhat rich when one knows that he had known for years the property was zoned for business purposes”.
Some say that Christo Stockenstrom has a “hidden agenda” and he only wants to stop the new On The Quay BnB being built next to him in terms of the approved 2006 Site Development plan. As you can see from theGoogle earth photo on the next page showing the objectors Holiday Homes in Relation to Quaysyde Restaurant & BnB, the On The Quay BnB to be built early 2018, should make Stockenstrom, Dreyer & Surrier happy as Nevil Hulett will have a vested interest not to have Quaysyde Restaurant make noise to disturb the 15 guests resident at the On the Quay BnB.
On numerous occasions Nevil Hulett has offered the Olive Branch to the litigants the latest being, 2 weeks before the SCA appeal, when he informed the litigants that he had been diagnosed with intrusive stomach cancer when he offered both sides covering their own costs and cancelling the court action. The litigants turned down the offer with contempt preferring to continue their vendetta.
Undeterred by losing their appeal it appears that Gauteng residents advocate Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx are determined to continue their vendetta against Nevil Hulett by:
- Using Stockenstrom, Dreyer & Surrier’s position as Marina Village Homeowners Association directors to “Capture” the MVHOA and launch litigation paid for by the members of the MVHOA against Nevil Hulett & Quaysyde Restaurant to obstruct Quaysyde’s business activities and fight the new 8 bedroom on the Quay B&B to be built next to Stockenstrom in terms of the Quaysyde Site Development Plan approved by Kouga in 2006. (See Google Earth photo showing Objectors Holiday Homes in Relation to Quaysyde Restaurant & BnB on previous page)
- Having lawyers issue petty demands against Kouga, the East Cape Liquor board alleging numerous building plan, noise & pollution complaints all of which when investigated by the building inspectors, the health inspectors and the SAPS …. Have been found to be unreasonable.
After applying for last extension to the St Francis Bay Marina with his late father and founder of St Francis Bay in 1981 (it was refused) and getting final approval in 2001 (twenty years later) now overturning Christo Stockenstrom, attorney Gerhard Dreyer, Jemma Surrier and Rudolph Marx et.al’s supreme court bid to cancel Quaysydes business zoning last month …. After 37 years of environmental studies, sub divisional plans, CSIR circulation reports, EIA’s, Environmental Management Plans & Site Developments plans … Nevil should be allowed to build his 8 bedroom “On the Quay B&B” and provide a dining, recreation, mooring, sporting and accommodation service to residents & tourists without further harassment.
Is it not now time for the residents of St Francis Bay and the St Francis Paddling Club, Swimming Club, Running Club and Cycling Club who use and enjoy Quayside’s facilities to stand up against these out of town property owners and say enough is enough!
The Quayside has proved to be a fabulous venue enjoyed by many residents and tourists alike. Best wishes for the coming season.
I have found the Quayside has offered so much more to the residents on the canals who had to travel by car to enjoy a meal or activity in a relaxed informal way, walking, boating, canoeing, cycling, and I have never been affected by noise or invasion of my lifestyle.
I Think the Quaside is a fantastic venue in a wonderful setting and wish them good fortune going forward!!!!
As a resident of Marina Village I am delighted to hear that Quaside is staying… So good to see families and holiday makers enjoying themselves at this venue …
That is such good news and a well deserved victory not only for Nevil and Penny but for SFB as a whole. Queyside has provided SFB with a fantastic venue or so many sporting functions and is an asset to the town. Well done.
The Quaysyde has definitely added the extra vibe. Young and old alike it’s a great place to relax with friends and a few drinks
Long may she reign and all who drink in her
Quaysyde is an asset to St Francis Bay, I ate there yesterday, great family place, and well positioned to moor boat and relax for a couple of hours. We need this place ! well staffed with polite attentive staff. KEEP QUAYSYDE !!!!
This is a quality and reputable restaurant and providers a much needed service to the community.
It enhances the entire area and is an asset to all homeowners .
We relax and eat there regularly.It is our resting place.
It must stay.
The Quayside is exactly what has been needed in the St Francis Bay canals for a long time. The venue is outstanding and for many people who do not live on the canals it is a great place to meet up, have some drinks and a good meal and get together with views over the water. Wishing Neville the best for his new venture! We will continue to support it.
There are those that will STOP (for self interest) and those that will DO (for the benefit of many). Quayside is a marvellous benefit to SFB – Neville we support you 100%
Quaysyde is a fantastic family orientated restaurant. A happy vibe place & supported by many sports clubs. It’s always wonderful to see so many people there enjoying themselves. We need Quayside & support them.
Well done Quaysyde. A wonderful place that benefits all residents and visitors.
This is such good news for this village . What a awesome venue .
This venue has becoming the healthy lifestyle hub of DtFrancis Bay . The commuinity is overjoyed at the outcome .
A fantastic victory for SFB and residents. Wayside is a wonderful friendly venue serving the public at large. Let the rogue insurgents stay where they belong !!!
Quayside (spellchecker)
Quaysyde ;)
So proud!
Quaysyde is a great venue and, I believe enhances the canal “lifestyle” for all of us who are permanentt residents as well as our valued holiday makers.
Those who oppose it are shortsited and selfish, having no concept of the wonderful social community life that St Francis Bay is designed to offer.
Let’s stick together and support Nevil & Penny Hulett
I can only thank Nevil Hulett for his efforts with Quayside. It has really made a big difference to the community to have such a great venue. Quayside is massive continuation to the canals and benefits all water sport lovers.
Well done…what good news.
Maybe once the dust has settled we will invest in a property again. Have a bumper season.
Awesome quiet restaurant
Fighting a development that has buisness rights on the grounds it is a business is just wrong. Besides, Neville has been in the town since forever and has worked hard on a lot of things. All the best in both fights, the development and the stomach cancer. I hope both are won.
Fantastic news. Brilliant space to practice one’s sport ( paddling, boating, swimming) and have a meal and chill with friends.
South Africans are becoming like Americans. In stead of HELPING we SUE. Jealousy is a terrible thing.
Well done Nevil! And good news for St Francis Bay and sportsmen in particular. Quaysyde has facilitated a substantial increase in sporting activity.
We have thoroughly enjoyed the Quaysyde Restaurant. It is a super venue for families and various local sporting organizations. It is a great attribute to St Francis Bay …. local residents as well as visitors.
Apart from providing an amazing venue with great food and a stunning view, the Quaysyde contributes hugely to the community by facilitating all the sporting activities. I truly wish Nevill and Penny all the best with their new venture.
Well done Nevil Quaysyde is an asset to the village
Quaysyde is an amazing place. Probably the best single improvement to the village since the building of the port.
I spend so much time at Quaysyde and so many members of the community do too. This is a true example of a venue that brings our community together. Quaysyde gathers so many people who share common interests and necessities in every day life! We have formed our wonderful running club with Quaysyde this year, not to mention all the paddling time trials, swimming time trials and cycling time trials. This is the kind of place that the St Francis Community truly requires…it is our lifestyle, it brings us together on so many important social and personal levels. Nevil, you have my full support!!
At last we have a relaxed affordable family friendly venue on our waterways.A wonderfull start and finish point for many of our local sporting activities. Against all odds Neville you have provided myself and many like minded residents with what in reality forms a clubhouse and get together point. What a great bonus having this facility that welcomes all local sports enthusiasts.
Lets make sure we can benefit for many years to come.
Congrats on your victory Nevil.
It is important to note that the statement in the above article and copied below is 100% incorrect
“litigation paid for by the members of the MVHOA”.
The Marina Village Homeowners Association had no involvement in the above litigation and no costs whatsoever were borne by the members of the association.
We love the Quayside venue – it is a great asset to the village, quiet and controlled and a real bonus for the infrastructure of the town. It would indeed be very sad to loose this revenue and delightful venue. It must stay open for all to enjoy as it brings a great deal of pleasure especially to those living on the canals.
What did we do without Quaysyde? Congrats to Nevil and Penny we will continue to support you and your restaurant and staff 100%. Swimmers, Runners, Paddlers, Cyclists, Fun seekers etc etc love Quaysyde.
Congratulations Quaysyde, Penny and Nevil! Couldn’t imagine St Francis without Quaysyde anymore, the combination of activities and leisure is unbeatable!
100% behind Quayside, it’s the hub of the canals for activity and community alike.
Quayside is a wonderful family restaurant, loved by all our friends which we take there for a lazy Sunday breakfast!
As a resident in Marina Village and member of the paddling club I couldn’t be happier. My families favourite place and we support Neville 100%
This up market venue is clearly a benefit to the St Francis community. It is so rewarding to see the self serving individuals who pursued this action being hit where it hurts most, the income statement. I look forward to waving at them from the restaurant over sun-downers soon, heh heh.
Well done QuaySyde. We enjoy the good vibes and awesome view. Always had excellent food and enjoyable memories. Quaysyde is as much part of St Francis Bay as St Francis Bay is part of Quaysyde. You guys have my vote and support.
Well done Neville and to your attorney Gerald Friedman. Let’s hope ‘Goliath’ is now tired.
Good luck going forward.
Norman.
Well done Quayside!. The venue is exactly what St Francis needs, conducts its business in a respectful manner and certainly adds value to the entire village.
We love the Quaysyde, it has opened an avenue for our kids and us adults alike to enjoy the canals at affordable rates. It is a great watersport venue. We are extremely pleased to hear they are staying.
Quayside has established itself as an intergral part of the St Francis lifestyle serving both locals and tourists alike and providing a top class venue for all. Viva Quayside
Good news, as a local family we fully support Quaysyde. We get a fantastic venue for sports activities and a family friendly environment to relax in.
Fantastic news. Great result for Neville, Gerald and the people and visitors to St Francis.
Quayside is an asset for all residents and visitors.
I wish Quaysyde a prosperous season. And would like to thank everybody there for a couple of wonderfull meals and company.
Fit and active people enjoy the use of Quayside and the support given to all of our sports clubs.
Quaysyde has proven its value to the community as a fun pub, offering good food to families whilst offering a home base to many sports which are supported by many St Francis residents – all this in a welcoming and safe environment – the community therefore have much to thank Nevil and Penny for, and by continuing to support them, will prove the value provided – the decision was therefore in the community’s interest!
Excellent news for all residents and visitors to the area. Power to your elbow.
I have read the judgement with care. It is a mystery how this ever arose as a dispute and 5 judges agree. So much for the legalities – as a property owner in the area for over 40 years I am shocked that such a very necessary facility has ever been opposed. We have little commercial activities on the canals and absolutely none on the beach. From the outset Quaysyde has set out to be quality and to provide for a sporting hub to keep the canals alive and not as a sterile environment and they have succeeded in spades. It’s position is such that it does not generate excessive noise. The action against the son of the founder of our lovely place is at best bizarre and at worst vindictive. The costs of the whole fiasco are eye watering. The comments on this definitive court ruling are overwhelmingly positive. We so hope this is the end of it. Please support Quaysyde and behave sensibly when you are there.
You can choose your business, but you can’t choose your neighbours! Well done Nevil – this unfortunate fight will be worth it not just for you and Quaysyde but for all of us who just love having a venue on the Canals at last.
When the new canal system was initially dredged, the Quayside footprint was clearly earmarked as an comercial entity and people purchasing plots and properties in the surrounding area was well aware thereof So quite frankly I don’t see the issue. The establishment is well run and offers so much to the community as well as visitors to the area and quite frankly promotes tourism A huge asset to St Francis bay for sure To many more years of trading
Quaysyde is an awesome place to relax & enjoy the canal atmosphere. I have enjoyed every meal I have had there. Hope you go from strength to strength.
Nevil, congrats on a wonderful venue, great meeting place for all the sports clubs, delicious food and what a view whilst sipping on a glass of wine. We needed such a spot.
What a shame about Quayside which has provided a superb venue on the canals for friendly & sporting gatherings. The restaurant has a lovely vibe & very good food & it has proved to be a great asset to St Francis Bay
Congratulations Neville and Penny. Wishing you a festive season. p:s. it is a pity that one of the complaintant also consider others living on the canals when cruising the canals with MUSIC BLEARING! Rather pathetic for “mature adults!”
Glad to hear the positive outcome & look forward to supporting you during our visit SFB. What a shame it has caused so much stress & unnecessary cost.
We love Quayside and are delighted that they will be going nowhere.If these people have nothing better to do with their money I suggest they invest it in the poorer communities in St Francis – as things stand now they may as well have chucked it in the canal in front of their homes – the result would have been the same
Well done
No one can ruin your day without your permission , will always support keep it up . now is most interesting time or all Cast all your anxiety on god because he cares for you
Congratulations and well done! Such good news for all of us who love and will continue happily to support the establishment. And wishing Neville more strength yet to fight that cancer xx
Quaysyde is just what SFB needed. I would like to see more venues with good taste, vibes and VIEWS in St Francis Bay. Thanks Nevil, Family and Staff
I only have admiration for the Quaysyde – it has struggled on, against all odds and has now established itself as a welcoming ‘spot’ to stop off on the canals and enjoy many things: good company, good food and drink and a wonderful ambiance – good luck to Neville and Penny with their plans for the future – they certainly have my full support for a well needed socialising spot on the canals and a B&B surely only makes it a more sensible venue?
Gosh! What a battle! So unpleasant. It’s no wonder you got sick. Sorry about that and flippin well done on your succeeding in the end. It’s a fantastic business and will be appreciated even MORE now that we all know the sacrifice you endured.
Lovely affordable relaxed venue. Such an asset to the canals. Glad to see you’re going to be around for a long time
Quayside is exactly what St Francis needs to further enhance its status as a tourist and holiday mecca – it is also a great “hub” for all of the paddlers, swimmers and runners to meet and relax after their activities. Good luck Nevil – support you all the way!
It has always been zoned commercial so it really does perplex me why this was even contested in the first place? I am so sorry that you had to go through this continued and unnecessary battle. We love Quayside and as residents of the village, enjoy the opportunity to have a quiet and relaxing meal overlooking the canals. Wishing Quayside a bumper Chtistmas season and hope Neville gets better soon.
My family and I love going to Quaysyde! It provides a wonderful venue for community gatherings and special times. We fully support you!
Wonderful venue in a stunning location. It only enhances the canals and the village. It is a great place to go any time, day or evening, with friends or with family. It is fast becoming the hub of the community. Long may it reign!!!!
Well done and good news not only for Neville but for SFB. I initilally was concerned when there was talk about an “off-sales” but the venue created is an asset which brought about relaxed community interaction at realistic prices – what SFB is really about! Also nothing better than the Sunday “breakfast special” after squash!
Great news for Neville, Quayside and St Francis Bay! Congrats and best wishes for continued future success.
Nevil has always stated that Quaysyde is for the community. This has proven to be true. We have successfully hosted our annual school fundraiser, Family Fun Day, for two years in a row at Quaysyde and see many more opportunities for similar events. It hosts our Running Club gatherings, and other sports clubs events too. What would the alternative be? There never has been one! Such a beautiful and essential asset to our town – for so many reasons.
Thanks to you Nevil, Penny, Anel and team, may you continue to grow from strength to strength.
A great venue (in a beautiful location) to visit day or evening. It enhances the canals and the village and is fast becoming the hub of the community. Long may it reign!!!!
What is astounding is that a small group of property owners, who are only in the canals for a limited time of the year, feel they can speak for the majority! If a referendum was held right now I am certain all those many permanent residents who use Quaysyde throughout the year to socialize, for their sporting activities and to enjoy a good meal in a superb setting would overwhelmingly vote for it to remain. It is a wonderful venue that has quickly become an integral part of community life.
As Marina Village residents we are absolutely chuffed about the positive outcome for Quayside – Well Done Nevil and Penny :)
“unlawful invasion of the appellants’ privacy and right to peaceful and undisturbed possession of their properties”? How rich is this when the boat of one of the appellants’ blares out loud music up and down the canals daily? Well done Nevil and God speed for a complete recovery.
Quaysyde has become such an asset to the community. Each week on various days, the running club, paddling club, cyclists and open water swimmers hold sports events from there. It has become the home of St Francis sports filling a huge void that existed for sporting and social venues. Well done and thank-you Nevil and Penny
Quayside has gotten better and better. We have just arrived recently for the season and being able to Kayak or motor around the canals to this great place is just fantastic. Well done Quayside.
Congratulations to Nevil & Penny.The Quaysyde is a wonderful and delightful asset, as is confirmed by our family when they visit. The only negative factor is the horrific chimney, which is a direct consequence of one of the petty complaints by the opposition. Wishing Nevil a complete and speedy recovery, and continuing success with the Quaysyde. Hilton & Julia Thorpe
Dear Advocate Stockenstrom and Attorney Dreyer. It is a great pity that you are not more permanent members of this community because I think you would see it in a different light. This little village has an amazing heart and it buzzes with activity. A lot of that activity centres on Quaysyde, which hosts so many of the sports that our residents love – running, paddling, swimming, cycling. Quaysyde’s generosity of spirit and embrace of all our doings has made them a community resource – they, like many other permanent residents, give whole-heartedly to the village.
The disturbance that objectors foresaw before Quaysyde opened has not, in fact, materialised. It is not a pub for revellers and drunks and it is positively sedate in comparison to most private parties held on the canals in December.
Your profession is about the pursuit of justice, which in my view means fair play and non-partisanship. I don’t think it can be called fair play or non-partisanship to put the narrow interests of a holiday visitor above the value that this establishment provides to the community all year round – particularly when those narrow interests turn out not to be grounded in fact.
Quaysyde – a great asset to St Francis !
Great news! Well done Neville and Penny! The Hulett family have been pioneers in creating the good life in our beloved St Francis Bay. Your efforts in establishing Quaysyde as a “anchor” point for all our lifestyle sports is exemplary.
Is a brilliant place to be, generates jobs and entertainment is a great addition to the community.
Bravo and much deserved congratulations Nevil & Penny! What an incredible, amazing & needed asset for St Francis & all in its community. I’m so happy for you both and can’t wait to return for the experience. It’s a wonderful thing you’ve done. Every best wish for the season & new year!
Thanks Nina see you again soon