South Africa Case Law

CHHC Trading (Pty) Limited v Standard Bank of South Africa Limited and Another (5278/2007)

CHHC Trading (Pty) Limited v Standard Bank of South Africa Limited and Another (5278/2007) [2011] ZAGPJHC 47 (20 May 2011)

Court

South Gauteng High Court, Johannesburg

Case number

5278/2007

Judge

F Kathree-Setiloane

High Court dismissal of claims over a fraudulent cheque transaction, holding that ownership passed to the fraudster and the plaintiff failed to prove bank liability or causation.

• Bills Of Exchange Act
• Banker Customer Mandate
• Aquilian Liability
• Negligent Collection Of Cheque
• Ownership Of Cheque
• Causation And Loss

FJS Painting CC v ABSA Bank Ltd (83/03)

FJS Painting CC v ABSA Bank Ltd (83/03) [2004] ZASCA 52 (28 May 2004)

Court

Supreme Court of Appeal

Case number

83/03

Judges

Harms, Scott, Nugent, Cloete, Heher

The appellant failed to establish on a balance of probabilities that it acquired ownership of the four cheques in question. The evidence showed that Ms Craythorne, who received and deposited the cheques, did not act as an agent or messenger for the appellant but rather for herself, with the intention of acquiring the cheques for her own benefit. The appellant, lacking a controlling mind after the death of its sole member and before the appointment of an executor, could not form the necessary intention to acquire ownership. Section 19(4) of the Bills of Exchange Act does not create a presumpti…

Source excerpt

• Collecting Bank Liability
• Ownership Of Cheque
• Negligence
• Lex Aquilia
• Bills Of Exchange Act
• Pure Economic Loss

ABSA Bank Bpk. v Ons Beleggings BK (488/98)

ABSA Bank Bpk. v Ons Beleggings BK (488/98) [2000] ZASCA 26; 2000 (4) SA 27 (SCA); [2000] 3 All SA 199 (A) (29 May 2000)

Court

Supreme Court of Appeal

Case number

488/98

Judges

F H Grosskopf, Harms, Scott, Mpati, Mthiyane

The court held that although the bank was negligent in dealing with the cheque, the respondent failed to prove actual loss and the claim could not succeed.

• Collecting Bank Liability
• Negligence
• Ownership Of Cheque
• Proof Of Damage
• Banking-and-finance
• Collecting-bank-liability

Absa Bank Bpk. v Coetzee (317/96)

Absa Bank Bpk. v Coetzee (317/96) [1997] ZASCA 78; ; [1998] 1 All SA 1 (A); (26 September 1997)

Court

Supreme Court of Appeal

Case number

317/96

Judges

Eksteen, Howie, Olivier, Schutz, Plewman

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.

• Ownership Of Cheque
• Agency Principles
• Burden Of Proof
• Negotiable Instruments
• Bank Liability
• Cheque-ownership

Absa Bank Ltd. v Natasha Investment Company (Pty) Ltd (614/94)

Absa Bank Ltd. v Natasha Investment Company (Pty) Ltd (614/94) [1996] ZASCA 59 (29 May 1996)

Court

Supreme Court of Appeal

Case number

614/94

Judges

Botha, Hefer, FH Grosskopf, Harms, Zulman

The court held that the respondent failed to prove ownership of a cheque at the relevant time and granted absolution from the instance with costs.

• Collecting Bank Liability
• Ownership Of Cheque
• Onus Of Proof
• Absolution From Instance
• Collecting-banker-liability
• Ownership-of-cheque

First National Bank of SA Ltd v Quality Tyres 1970 (Pty) Ltd (434/1993)

First National Bank of SA Ltd v Quality Tyres 1970 (Pty) Ltd (434/1993) [1995] ZASCA 65; 1995 (3) SA 556 (AD); [1995] 2 All SA 616 (A) (30 May 1995)

Court

Supreme Court of Appeal

Case number

434/1993

Judges

Corbett, Botha, Eksteen, Howie, Schutz

The court held that the respondent failed to prove ownership of the cheque, so its delict claim against the collecting bank could not succeed.

• Collecting Bank Liability
• Lex Aquilia
• Ownership Of Cheque
• Fraudulent Misrepresentation
• Bills Of Exchange Act
• Bank Duty Of Care