South Africa Case Law

Body Corporate of Candice Glades vs Derrocks Attorneys and Another (47219/2021)

Body Corporate of Candice Glades vs Derrocks Attorneys and Another (47219/2021) [2022] ZAGPJHC 383 (6 June 2022)

Court

South Gauteng High Court, Johannesburg

Case number

47219/2021

Judge

Siwendu

The court found that the respondents, through unequivocal correspondence, provided an irrevocable undertaking to pay the outstanding levies upon registration of the property. The undertaking was unqualified and created a binding contractual obligation. The respondents' defences of misrepresentation and prescription were unsupported by evidence, and no genuine dispute of fact was raised. The applicant provided sufficient breakdown of the levy account prior to the undertaking, and the respondents failed to request further details before effecting transfer. Section 34(7)(c)(i) of the Legal Pract…

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• Sectional Titles Management Act
• Legal Practice Act Liability
• Irrevocable Undertaking
• Levy Clearance Certificate

Glencore South Africa Oil Investments Proprietary Limited v Ramano and Others (010321/2019)

Glencore South Africa Oil Investments Proprietary Limited v Ramano and Others (010321/2019) [2019] ZAGPJHC 538; [2020] 1 All SA 403 (GJ); 2020 (3) SA 419 (GJ) (30 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

010321/2019

Judge

P.N. Levenberg

The court found that the Applicant was entitled to its costs as the successful party in the urgent application. The Respondents, led by the First Respondent, failed to honour irrevocable undertakings and engaged in conduct inconsistent with good faith, creating uncertainty in a high-value transaction. The court rejected the argument that costs should not be awarded in unopposed matters, noting that the Respondents' actions amounted to a form of opposition and that the practice in the division supports costs following the event. The court held that the application was necessary and urgent, and…

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• Mandatory Interdict
• Shareholder Meeting
• Irrevocable Undertaking
• Costs Award
• Companies Act
• Good Faith

Devland Cash and Carry (Pty) Limited v Attorneys Fidelity Fund (7307/2016)

Devland Cash and Carry (Pty) Limited v Attorneys Fidelity Fund (7307/2016) [2017] ZAWCHC 27; [2017] 2 All SA 825 (WCC) (22 March 2017)

Court

Western Cape High Court, Cape Town

Case number

7307/2016

Judge

J Cloete

The court held that the applicant failed to prove, on a balance of probabilities, that monies were physically entrusted to LBG Attorneys prior to the furnishing of the irrevocable undertaking. The undertaking did not constitute sufficient proof of entrustment under section 26(a) of the Attorneys Act. The applicant did not fall within the categories entitled to reimbursement, as the money was not entrusted by or on behalf of the applicant, nor was there evidence of theft by the attorney. LBG Attorneys acted merely as a conduit, and the applicant’s claim was based on breach of undertaking rathe…

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• Attorneys Fidelity Fund
• Irrevocable Undertaking
• Entrustment
• Onus Of Proof
• Fiduciary Duty
• Section 26 Attorneys Act

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229)

Rodel Financial Services (Pty) Ltd v Stupel & Berman Inc and Another (2011/43229) [2013] ZAGPJHC 266 (28 October 2013)

Court

South Gauteng High Court, Johannesburg

Case number

2011/43229

Judge

C. J. Claassen

The High Court held that a conveyancer’s undertaking to pay sale proceeds to a lender was irrevocable and enforceable, and entered judgment for Rodel.

• Bridging Finance
• Cession Of Claims
• Conveyancer Liability
• Tripartite Agreement
• Irrevocable Undertaking
• Contract Cancellation