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South Africa decisions
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Forty Squares (Pty) Ltd and Others v GL Palmer and Company (2023/110502) [2025] ZAGPJHC 37 (24 January 2025)
The High Court dismissed an exception to delictual claims against an auditor, holding the pleadings were sufficient to proceed to trial.
WK Construction (Pty) Limited v Rowland and Others (8186/2016) [2020] ZAKZDHC 8 (4 March 2020)
The court found that by 22 August 2013, the plaintiff was aware of the fraud perpetrated by Mr Maartens, the damages suffered, and the fact that the defendants had issued unqualified audit reports during the relevant periods. The plaintiff had sufficient knowledge of the identity of the debtor and the facts giving rise to the debt, and prescription began to run from that date. The argument that the claim against the auditors was contingent upon recovery from Mr Maartens was rejected; the claims were separate and distinct, and the plaintiff's right of action against the auditors accrued when t…
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Air Innovations (Pty) Ltd v Pillay (22901/2008) [2017] ZAGPJHC 444 (28 August 2017)
The High Court found the defendant misrepresented himself as a registered auditor, but the plaintiff’s restitution claim failed for late election. Both claims were dismissed.
Lubbe and Others v S (A586/2014) [2015] ZAGPPHC 125 (3 February 2015)
High Court appeal dismissed where three appellants were convicted of fraud for submitting rule 70 reports under an auditor’s name without authorisation.
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