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South Africa decisions
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Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 666 (8 June 2023)
The High Court dismissed a claim against conveyancers over sale proceeds from jointly owned property, holding that one joint owner could vary payment instructions for their own share.
Real Time Investments 214 CC v Van Straaten and Others (31458/20) [2022] ZAGPPHC 499 (7 July 2022)
Leave to appeal was refused after the High Court found no reasonable prospects of success or compelling reasons in a property-sale dispute over retained purchase money.
Nel v Van Schalkwyk NO and Others (207/19) [2020] ZANCHC 33 (26 June 2020)
The court held that the applicant, as a conveyancer, had discharged his mandate when the property was transferred sixteen years prior and thus became functus officio. He did not possess a written power of attorney or mandate from any interested party authorising him to seek rectification of the deed. Section 4(1)(b) of the Deeds Registries Act regulates the registrar's powers and requires written consent from all interested parties or a court order if consent is refused. The applicant's professional or financial interest in correcting his own error does not constitute a direct and substantial…
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Cedarwood Properties (Pty) Limited v Dickinson and Theunissen Inc and Another (9902/2017P) [2019] ZAKZPHC 59 (29 August 2019)
The court held that the conveyancer had to pay the sale proceeds to the company, not to a shareholder, and ordered repayment with interest and costs.
De Castro and Another v Etienne Bedeker INC and Others (29794/2014) [2014] ZAGPPHC 1029 (9 December 2014)
The High Court dismissed an application to recover a R1 million deposit held by a conveyancer, finding repayment could not be ordered before the sale cancellation dispute was resolved.
Van Rooyen NO v Rorich Wolmarans & Luderitz Inc (32335/2004) [2007] ZAGPHC 49 (3 May 2007)
The High Court dismissed a claim against attorneys over cheque payments to a trustee-linked company, finding no proven negligence, causation, or prescription.
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