Shaw v Vertue and Others (5217/2019) [2020] ZAWCHC 195 (7 December 2020)
Court
Western Cape High Court, Cape Town
Case number
5217/2019
Judge
Fortuin
The court found that the purchaser's obligation under the deed of sale was to pay the full purchase price to the seller in cash against transfer. The conveyancer was appointed by the purchaser and there was no evidence of a mandate from the seller authorising the conveyancer to act as his agent for receipt of payment. Payment into the conveyancer's trust account did not discharge the purchaser's obligation to the seller, especially since the funds were paid into a fraudulent account due to the conveyancer's error. The purchaser's defence that she was not liable was rejected, as the deed of sa…
Kaya FM (Pty) Ltd v Gats Tour Operations (Pty) Ltd t/a Gats Leisure (A171/13) [2015] ZAGPPHC 1101 (5 August 2015)
Court
North Gauteng High Court, Pretoria
Case number
A171/13
Judges
C.P. Rabie, L.M. Molopa-Sethosa, K.E. Matojane
The court held that the parties’ cruise venture created at least a mandate, and possibly a partnership, entitling Kaya FM to an accounting from Gats.