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South Africa decisions
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Innscor Distribution (Pty) Ltd v Heunis (A270/2022) [2024] ZAGPPHC 1096 (23 October 2024)
The High Court held an attorney liable for prematurely releasing escrowed funds before the sugar shipment condition was met, and awarded USD damages with interest.
Thoothe v Nedbank Limited (25680/2019) [2022] ZAGPJHC 894 (8 November 2022)
The High Court dismissed an application for leave to appeal, finding the section 129 notice had been brought to the applicant’s attention through her attorney.
Trustco Group International (Pty) Ltd and Others v Hahn & Hahn Incorporated (78757/2014) [2016] ZAGPPHC 475; 2016 BIP 57 (GP) (20 June 2016)
The court held that the plaintiffs' particulars of claim contain sufficient factual allegations to enable the defendant to plead to the issue of liability for negligence. The bifurcated procedure, seeking a declaration of liability before quantification of damages, is permissible under s 21(1)(c) of the Superior Courts Act and supported by precedent. The validity and infringement of the patent are relevant to quantum, not liability. The High Court retains jurisdiction to determine whether the defendant was negligent in executing its mandate, as the claim is based on breach of contract and fid…
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