South Africa Case Law

Hartog v Daly and Others (A5012/2022)

Hartog v Daly and Others (A5012/2022) [2023] ZAGPJHC 40; [2023] 2 All SA 156 (GJ) (24 January 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A5012/2022

Judges

Strydom, M M Mabesele, J J Strijdom

The Full Court found that the appellant breached the mandate by paying the sale proceeds into an account not nominated by the respondents, resulting in loss due to fraud. The alleged tacit term requiring respondents to ensure data/email security was not established on the facts or by inference; the probabilities did not support its existence. All relevant facts were common cause, and no genuine factual dispute existed requiring referral to trial. The appellant's claims against Standard Bank for delictual liability failed due to lack of evidence of wrongfulness or negligence, as Standard Bank…

Source excerpt

• Mandate Liability
• Business Email Compromise
• Payment Instructions
• Delictual Liability
• Contractual Terms
• Electronic Fund Transfer

Nedbank Limited v Pestana (142/08)

Nedbank Limited v Pestana (142/08) [2008] ZASCA 140; 2009 (2) SA 189 (SCA) ; (2009) 71 SATC 97 ; [2009] 2 All SA 58 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

142/08

Judges

Streicher, Brand, Griesel

The Supreme Court of Appeal held that Nedbank could not reverse a completed credit to Pestana’s account without his authority, despite a section 99 tax appointment.

• Income Tax Act Section 99
• Bank As Agent
• Credit Reversal
• Electronic Fund Transfer
• Garnishment
• Completed Juristic Act