Grant Thornton Capital Umbrella Fund v Da Silva (A5066/2012)
Grant Thornton Capital Umbrella Fund v Da Silva (A5066/2012) [2013] ZAGPJHC 231 (20 September 2013)
The plaintiff, acting in a representative capacity as a provident fund, paid R360 417.97 to the defendant in error after the defendant had already received his pension benefits via a section 14 transfer to Liberty Life. The payment was made due to an administrative system error and was ultra vires the fund's powers under the Pension Funds Act and its rules, which prohibit payments to former members beyond those authorised. The defendant admitted receiving the second payment but failed to provide any evidence rebutting the presumption of enrichment. The court a quo erred in excluding relevant…
Source excerpt
- Condictio Indebiti
- Ultra Vires Payment
- Pension Fund Transfer
- Onus Of Enrichment
- Hearsay Evidence Admissibility