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Poole and Another v Rashida Industries (Pty) Ltd and Others (067770/2023) [2023] ZAGPPHC 1872 (26 October 2023)
The High Court granted section 18(3) relief, allowing a section 34 liquidation order to operate pending appeal and awarding attorney-and-client costs.
Standard Bank of South Africa Ltd v Harris NO and Others (359/2001) [2002] ZASCA 107; [2002] 4 All SA 164 (SCA); 2003 (2) SA 23 (SCA) (13 September 2002)
The Supreme Court of Appeal held that a bank collecting a cheque drawn on itself may be liable as a collecting bank if it acts negligently and unlawfully. However, in this case, the bank acted on the instructions of the payee's duly authorised agent, depositing the proceeds into an attorney's trust account as directed. The evidence did not support the trial court's finding that the transaction was part of an asset-stripping scheme. Since the bank followed the payee's instructions, its conduct was not unlawful or negligent. The prima facie inference of unlawfulness arising from collecting a 'n…
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