South Africa Case Law

Xmoor Transport (Pty) Ltd v Rand Merchant Bank and Another (D10687/2019)

Xmoor Transport (Pty) Ltd v Rand Merchant Bank and Another (D10687/2019) [2020] ZAKZDHC 5 (14 February 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D10687/2019

Judge

Lopes

The court found that the Oxford Street works were validly included in the original contract by way of a variation order in 2017, as evidenced by documentary proof and payments made prior to the issuance of the guarantee. The guarantee covered amounts due under the purchase order, which included the Oxford Street works. The demand made by Mamlambo complied with the guarantee's requirements, and there was no evidence of fraud or misrepresentation. The allegations of fraud by Xmoor were unfounded and not supported by the facts. Applying the Plascon-Evans rule, the respondent's version prevailed,…

Source excerpt

• Payment Guarantee
• Variation Of Contract
• Interdict
• Fraudulent Misrepresentation

Nedbank Ltd and Another v Procprops 60 (Pty) Ltd (108/13)

Nedbank Ltd and Another v Procprops 60 (Pty) Ltd (108/13) [2013] ZASCA 153 (20 November 2013)

Court

Supreme Court of Appeal

Case number

108/13

Judges

Brand, Maya, Bosielo, Leach, Van der Merwe

The Supreme Court of Appeal held that a bank guarantee requiring the original guarantee with the first demand allowed only one claim, so Nedbank’s payment discharged its obligation.

• Payment Guarantee
• Contractual Interpretation
• Bank Liability
• Bank-guarantee
• Contractual-interpretation
• Commercial-law

Best Care Medical Supplies CC v Standard Bank of South Africa Ltd and Another (42073/2007)

Best Care Medical Supplies CC v Standard Bank of South Africa Ltd and Another (42073/2007) [2008] ZAGPHC 152 (3 June 2008)

Court

High Courts - Gauteng

Case number

42073/2007

Judge

Seriti

High Court interim relief in a payment-guarantee dispute: the disputed amount had to be retained in trust pending arbitration, and the counter-application failed.

• Payment Guarantee
• Minor Works Agreement
• Interim Relief
• Arbitration Clause
• Trust Account Retention
• Payment-guarantee