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Rajah and Another v S (A102/2024) [2024] ZAWCHC 260 (12 September 2024)
The High Court upheld the appeal and set aside convictions for theft and perjury arising from a construction payment dispute and affidavit errors.
Phenix Construction Technologies (Pty) Ltd and Another v Hollard Insurance Company Limited (10995/2015) [2017] ZAGPJHC 174 (4 May 2017)
The court found that the demand made by Phenix for payment under the guarantee was fraudulent. Payment advice no 7 and the recovery statement, both signed by Phenix's director, certified a recoupment of R3.4 million against the advance payment, reducing the amount that could be claimed under the guarantee. Phenix failed to call its director to testify and relied on evidence from an employee who was not the author of the relevant documents and whose testimony was inadmissible and not credible. The court held that Phenix knew it was not entitled to the full guaranteed amount when making the dem…
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Phenix Construction Technologies (Pty) Ltd and Another v Hollard Insurance Company Limited and Others (10995/2015) [2015] ZAGPJHC 282 (10 December 2015)
The court found that there was a genuine dispute of fact regarding whether Phenix's demand for payment under the guarantee was fraudulent. The evidence presented by Hollard and World of Windows, including payment advice and recovery statements, raised substantial questions about the legitimacy of the full claim and the circumstances of cancellation. The applicant's explanations were unpersuasive and unsupported by direct evidence from the relevant director. The dispute could not be resolved on the papers, and the matter was referred for oral evidence to determine whether the demand was made f…
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