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South Africa decisions
Decisions matching the current search
Standard Bank of South Africa Limited v Toerien (91022/2015) [2016] ZAGPPHC 837 (31 March 2016)
Summary judgment was granted to Standard Bank for the outstanding home loan debt, with interest, attorney-and-client costs, and executable property relief.
Schroeder NO v ABSA Bank Limited (15794/2009) [2010] ZAWCHC 88 (10 May 2010)
The court found that the plaintiff acted unreasonably in persisting with the summary judgment application despite being warned of substantive defences and the futility of the claim. The estate is insolvent, and the plaintiff, acting in a representative capacity, would not be able to satisfy any adverse costs order. The litigation was found to be reckless and vexatious, given the history of unsuccessful related litigation, unexplained delays, and the manner in which the plaintiff conducted proceedings. The court exercised its discretion to order the plaintiff to pay the defendant's costs for t…
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S A Timber (Welkom) (Edms) Bpk v Lezmin 2815 BK (2607/2008) [2008] ZAFSHC 49 (14 August 2008)
High Court provisional sentence was granted on a cheque for R300,000, rejecting National Credit Act and oral-agreement defences.
Absa Bank Bpk. v Coetzee (317/96) [1997] ZASCA 78; ; [1998] 1 All SA 1 (A); (26 September 1997)
The court held that Coetzee failed to prove ownership of the cheque and that the statutory presumption in the Bills of Exchange Act concerned possession, not ownership.
Sappi Manufacturing (Pty) Ltd. v Standard Bank of South Africa Ltd. (210/95) [1996] ZASCA 123; 1997 (1) SA 457 (SCA); [1996] 4 All SA 487 (A); (1 October 1996)
The court held that signatures on the reverse of two bills constituted a valid endorsement by the appellant, and the Fund was a holder in due course.
Van Tonder en Andere v Vorster (541/94) [1996] ZASCA 32; 1996 (3) SA 383 (SCA); [1996] 2 All SA 229 (A); (27 March 1996)
The court held that evidence was admissible to show that cheques were endorsed by an agent acting under authority, so the respondent remained entitled to judgment.
Louw & Collins Afslaers (Edms) Bpk v Du Plessis; Louw & Collins Afslaers (Edms) Bpk v Steyn; Louw & Collins Afslaers (Edms) Bpk v Du Plessis; Louw & Collins Afslaers (Edms) Bpk v MacKenzie (208/92) [1993] ZASCA 191 (30 November 1993)
The court held the respondents failed to show absence of justa causa for dishonoured cheques and granted provisional judgment for the appellant in all four matters.
Odgers Foam Insulation Company (Pty) Ltd. v Standard Bank of South Africa Ltd. (525/87) [1989] ZASCA 10 (16 March 1989)
The court held that a bank guarantee over negotiable bills extended to subsequent lawful holders, not just the original payee, and dismissed the appeal.
Kahn v Volschenk (189/84) [1986] ZASCA 34; [1986] 2 All SA 300 (A) (26 March 1986)
The court held that bearer defence bonus bonds could not be vindicated from a bona fide purchaser for value, and upheld the appellant’s claim.
Taylor v Devine (122/82/AV) [1984] ZASCA 7 (2 March 1984)
The Appellate Division dismissed Taylor’s appeal, holding that he failed to prove conditions attached to a R3,000 cheque or lack of value.
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