South Africa Case Law

Standard Bank of SA Limited v Fenestration Technologies (Pty) Limited and Others (41105/2019)

Standard Bank of SA Limited v Fenestration Technologies (Pty) Limited and Others (41105/2019) [2020] ZAGPJHC 226 (7 August 2020)

Court

South Gauteng High Court, Johannesburg

Case number

41105/2019

Judge

Gilbert AJ

The High Court granted judgment to Standard Bank on banking facility claims, accepting cross-default reasoning and rejecting the respondents’ termination defence.

• Suretyship Liability
• Facility Agreement Breach
• Cross Default Clause
• Motion Proceedings
• Overdraft Repayment
• Instalment Sale Agreement

Rossouw NO and Others v First Rand Bank Limited t/a RMB Private Bank (A757/2015)

Rossouw NO and Others v First Rand Bank Limited t/a RMB Private Bank (A757/2015) [2017] ZAGPPHC 688 (26 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

A757/2015

Judges

W.R.C. Prinsloo, L.M. Molopa-Sethosa, P.M. Mabuse

The respondent failed to prove a breach or default by the appellants as required by clause 15.3 of the Facility Agreement. The notices relied upon by the respondent were issued in 2012, seventeen months before the alleged breach in February 2014, and related to a different cause of action. After the 2012 notice, the appellants cured the default by payment and continued making regular instalments, which were accepted by the respondent. No further notice was issued after the alleged 2014 breach to place the appellants on terms, as required by the agreement. The respondent did not withdraw or te…

Source excerpt

• Facility Agreement Breach
• Acceleration Clause
• Suretyship Liability
• Notice Of Default
• Doctrine Of Election
• Onus Of Proof