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South Africa decisions
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Flexicor Cables (Py) (Ltd) v Howard Woolf (2023/113646) [2025] ZAGPJHC 737 (28 July 2025)
The High Court dismissed Flexicor’s claim against an attorney over trust-account funds, holding that the founding papers failed to plead delict properly.
Old Mutual Insure Limited v Saider Towing Service CC (2021/2023) [2024] ZAECMHC 36 (23 May 2024)
The High Court ordered release of a towed vehicle after finding the insurer had tendered adequate substitute security to defeat the towing company’s lien.
Santam Limited v T K T Towing (PTY) Ltd (22/2151) [2022] ZAGPJHC 850 (31 October 2022)
The High Court refused to order release of a vehicle where the applicant’s proposed security was inadequate and material disputes of fact could not be resolved on affidavit.
Enyuka Property Holdings (Pty) Ltd v Delport Van Den Berg Inc. and Another (56232/2020) [2022] ZAGPPHC 322 (20 May 2022)
The High Court refused leave to appeal, finding no reasonable prospect that another court would reach a different conclusion on its contract-interpretation ruling.
Shivambu and Another v FR Pandelani Inc (30053/2020) [2021] ZAGPJHC 745 (19 November 2021)
The High Court ordered an attorney to render a tax invoice, submit it for taxation, and then set off the taxed amount against trust money held for a client.
Fourie v Van der Spuy and De Jongh Inc. and Others (65609/2019) [2019] ZAGPPHC 449; 2020 (1) SA 560 (GP) (30 August 2019)
The High Court held that attorneys who failed to verify hacked email banking instructions were liable to pay over trust funds lost in cybercrime.
Mathimba and Others v Nonxuba and Others (2946/2017) [2018] ZAECGHC 85; [2018] 4 All SA 719 (ECG); 2019 (1) SA 550 (ECG) (18 September 2018)
The court found that a binding settlement agreement was reached between the applicants and the first and second respondents on 9 November 2017, as recorded in the draft order JA4, which did not include interest on the capital sum. The omission of interest was not an operative mistake or oversight justifying rectification or avoidance under the iustus error doctrine. The agreement was upheld as full and final settlement. The court further held that the contingency fee agreement AM15 did not comply with the Contingency Fees Act 66 of 1997, as it failed to properly structure the fees of both att…
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Ga-Segonyana Local Municipality v Sulliman (1219/2017) [2018] ZANCHC 20 (16 March 2018)
The High Court dismissed a sequestration application because judgment had been obtained against a firm, not the respondent personally, so no act of insolvency was shown.
EDS South Africa (Pty) Ltd v Nationwide Airline (Pty) Ltd and Others (2011 (5) SA 158 (SCA)) [2011] ZASCA 16; 237/2010 (14 March 2011)
The court held that no stakeholder agreement had been concluded, so funds in the attorneys’ trust account remained part of Nationwide’s estate on liquidation.
Jack v Du Plessis (21068/2008) [2009] ZAWCHC 75 (27 March 2009)
The defendant, as an attorney, owed a fiduciary duty to the plaintiff as the depositor of trust account funds. She failed to take reasonable precautions to confirm instructions with the plaintiff before disbursing the funds to a third party, Bond Success. The defendant did not ensure the required conditions of the agreement were met, nor did she verify the correctness of information provided by Bond Success. Her conduct amounted to negligence and a breach of her fiduciary duty. The affidavit resisting summary judgment did not disclose a valid defence in law, and the facts set out were insuffi…
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