South Africa Case Law

Van Hulsteyns Attorneys v Government RSA and Another (506/99)

Van Hulsteyns Attorneys v Government RSA and Another (506/99) [2001] ZASCA 123; [2002] 3 All SA 64 (A); 2002 (2) SA 295 (SCA) (19 November 2001)

Court

Supreme Court of Appeal

Case number

506/99

Judges

Hefer, Nienaber, Schutz, Cameron, Brand

The Supreme Court of Appeal held that the appellant was in mediate possession of the stolen cheque as contemplated by section 81 of the Bills of Exchange Act. The bank credited the appellant's account based on the deposit slip and presented the cheque for payment on the appellant's behalf. The irregular manner in which the cheque was deposited did not negate the intention of the bank officials to hold the cheque for the appellant. The statutory concept of possession must be interpreted in line with the common law, which recognizes mediate possession. Accordingly, the appellant was liable for…

Source excerpt

• Bills Of Exchange Act
• Possession Of Stolen Cheque
• Collecting Bank Liability
• Mediate Possession
• Costs Award