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Attorneys Fidelity Fund Board of Control v Love and Others (7793/2015) [2024] ZAGPJHC 841 (26 August 2024)
The High Court dismissed the Fund’s leave-to-appeal application, finding no reasonable prospects of success and rejecting res judicata and issue-estoppel arguments.
Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014) [2015] ZASCA 192 (30 November 2015)
The SCA held that Probest only learned of the theft in late November 2009, so the Fund failed to prove late notice under s 48(1)(a).
Probest Projects (Pty) Ltd v Attorneys Notaries And Conveyancers Fidelity Guarantee Fund (A21/14) [2014] ZAWCHC 119 (15 August 2014)
The court found that the appellant had actual knowledge of the theft of its funds by 23 July 2009, as evidenced by the conduct of its directors and the involvement of attorneys in preparing acknowledgment of debt and suretyship agreements. The appellant's actions indicated awareness of the misappropriation, and the subsequent delay in lodging the claim was due to attempts to resolve the matter privately. The statutory requirement under section 48(1)(a) was not met, as notice was only given on 20 November 2009, outside the three-month period. The appeal was therefore dismissed, and the decisio…
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