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7 Mar 2023

Commercial And Corporate [2023] ZAGPJHC 187

Consortium Comprising and Another v Ltd Santam Limited and Others (2023/009986)

Consortium Comprising and Another v Ltd Santam Limited and Others (2023/009986) [2023] ZAGPJHC 187 (7 March 2023)

Court: South Gauteng High Court, Johannesburg
Case number: 2023/009986
Judge: S D J Wilson

High Court refused to interdict payment under an on-demand construction guarantee, holding the demand clause allowed a call on breach alone and no fraud was shown.

Performance Guarantee
On Demand Bond
Interim Interdict
Fraud Exception
Construction Contracts
On-demand-bond

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18 Aug 2022

Commercial And Corporate [2022] ZAGPJHC 573

Maziya General Services CC v Leroko Brokers (PTY) Ltd and Others (2022/009190)

Maziya General Services CC v Leroko Brokers (PTY) Ltd and Others (2022/009190) [2022] ZAGPJHC 573 (18 August 2022)

Court: South Gauteng High Court, Johannesburg
Case number: 2022/009190
Judge: Maier-Frawley

The High Court held that a performance guarantee was an on-demand bond, that the beneficiary’s name change did not invalidate demand, and dismissed the interdict.

Performance Guarantee
On Demand Bond
Interdictory Relief
Contract Interpretation
Locus Standi
Performance-guarantee

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Consortium Comprising and Another v Ltd Santam Limited and Others (2023/009986)

Maziya General Services CC v Leroko Brokers (PTY) Ltd and Others (2022/009190)