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Aeroquip South Africa (Pty) Ltd v Gross and Others (36949/2008) [2009] ZAGPPHC 25; [2009] JOL 23441 (GNP) ; [2009] 3 All SA 264 (GNP) (16 April 2009)
The court enforced an acknowledgment of debt against the first respondent, but dismissed claims against the attorney respondents for lack of proof.
Du Preez and Others v Zwiegers (61/07) [2008] ZASCA 42; 2008 (4) SA 627 (SCA); [2008] 3 All SA 425 (SCA) (28 March 2008)
The Supreme Court of Appeal held that the respondent attorney owed a legal duty to the corporation as the depositor of the trust account funds, even though the corporation was not his client. The respondent's failure to contact the corporation or its attorneys to confirm instructions regarding the disposal of the funds constituted negligence. The court rejected the notion that the attorney could lawfully ignore the depositor's interests simply because his client provided instructions. The damages suffered were directly attributable to the respondent's negligent conduct, and the corporation's…
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