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South Africa Case Law

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Civil Procedure [2020] ZAWCHC 125

Pienaar v Bean (A277/2019)

Pienaar v Bean (A277/2019) [2020] ZAWCHC 125 (21 October 2020)

The High Court dismissed an appeal against refusal of rescission of a default judgment, finding no bona fide defence or proper basis to interfere.

  • Rescission Of Judgment
  • Default Judgment
  • Duty Of Care
  • Negligent Misrepresentation
  • Causation
  • Financial Advice Liability
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Delict [2019] ZASCA 27

Atwealth (Pty) Ltd and Others v Kernick and Others (116/2018)

Atwealth (Pty) Ltd and Others v Kernick and Others (116/2018) [2019] ZASCA 27; [2019] 2 All SA 629 (SCA); 2019 (4) SA 420 (SCA) (28 March 2019)

The Supreme Court of Appeal held that the respondents failed to prove negligent financial advice or causation, and dismissed the action with costs.

  • Financial Advice Liability
  • Negligence
  • Fais Act Compliance
  • Investment Loss
  • Professional Duties
  • Ponzi Scheme Allegation
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Commercial And Corporate [2017] ZAFSHC 163

Oosthuizen v Castro (2858/2012)

Oosthuizen v Castro (2858/2012) [2017] ZAFSHC 163; [2017] 4 All SA 876 (FB); 2018 (2) SA 529 (FB) (18 September 2017)

The court found a financial adviser liable for recommending a risky Sharemax investment to a widow seeking safe preservation of capital, and held the insurer must indemnify him.

  • Professional Indemnity Insurance
  • Financial Advice Liability
  • Contractual Exclusion Clause
  • Negligence
  • Interpretation Of Contracts
  • Professional-indemnity-insurance
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Delict [2014] ZAGPPHC 17

Bader and Others v Wentzel and Another (57810/11)

Bader and Others v Wentzel and Another (57810/11) [2014] ZAGPPHC 17 (29 January 2014)

A High Court found a financial adviser negligent for placing clients in an unsuitable investment and awarded damages plus mora interest.

  • Professional Negligence
  • Financial Advice Liability
  • Money Market Investment
  • Quantification Of Damages
  • Prescribed Rate Of Interest Act
  • Default Judgment
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Commercial And Corporate [2009] ZAWCHC 54

ABSA Makelaars (Edms) Bpk v De Lange (10367/06)

ABSA Makelaars (Edms) Bpk v De Lange (10367/06) [2009] ZAWCHC 54 (10 March 2009)

Employer succeeded in claiming back client compensation paid after a broker gave misleading or negligent investment advice and the employer reasonably found itself liable.

  • Professional Negligence
  • Contractual Interpretation
  • Quantification Of Damages
  • Financial Advice Liability
  • Financial-advice-liability
  • Professional-negligence
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.