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South Africa Case Law

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Civil Procedure [2015] ZASCA 192

Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014)

Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014) [2015] ZASCA 192 (30 November 2015)

Court
Supreme Court of Appeal
Case number
20761/2014
Judges
Cachalia, Shongwe, Tshiqi, Swain, Baartman

The SCA held that Probest only learned of the theft in late November 2009, so the Fund failed to prove late notice under s 48(1)(a).

  • Attorneys Act Section 48
  • Theft Of Trust Funds
  • Special Plea
  • Onus Of Proof
  • Knowledge Of Theft
  • Attorneys-act
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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.

Source links and collection timestamps are retained alongside the indexed records.