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South Africa decisions
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Hawarden v Edward Nathan Sonnenbergs Inc (13849/2020) [2023] ZAGPJHC 14; [2023] 1 All SA 675 (GJ); 2023 (4) SA 152 (GJ) (16 January 2023)
The court held a conveyancer liable in delict for pure economic loss after emailing bank details that were intercepted in a business email compromise fraud.
Tshiki and Another v Buffalo Metro Municipality and Others (EL766/2014) [2017] ZAECELLC 6 (24 February 2017)
The High Court held that the second plaintiff, a deregistered company, lacked legal capacity to enforce the claimed mandate or recover debts. The action was dismissed with costs.
Heckroodt v Wall (A836/2014) [2016] ZAGPPHC 433 (10 June 2016)
The court found that the defendant, acting as a conveyancer, owed a legal duty of care to the plaintiff, who had acquired the right to commission through cession. The defendant was aware of the cession and failed to ensure that sufficient funds were available for payment to the plaintiff upon registration of transfer. He ignored correspondence and did not obtain guarantees or undertakings from the second defendant, thereby acting negligently. The court distinguished the Lillicrap case, noting that the plaintiff did not have a contract with the defendant and relied on breach of a legal duty, n…
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Prevance Capital (Pty) Ltd v Muller t/a Muller en Vennote (2998/2013) [2014] ZAFSHC 66 (15 May 2014)
The court held that an attorney’s undertaking covered only the net proceeds of sale after all bonds and transfer expenses were paid, dismissing the claim.
Bruwer and Another v Pocock & Bailey Ingelyf and Another (H84/2006, 22/2009) [2009] ZAWCHC 167 (23 September 2009)
The High Court held conveyancing attorneys liable for purchasers’ economic loss after failing to protect buyers’ interests in a failed property transfer.
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