South Africa Case Law

Nedbank Ltd v Puricare CC and Others (18922/2010)

Nedbank Ltd v Puricare CC and Others (18922/2010) [2014] ZAWCHC 17 (18 February 2014)

Court

Western Cape High Court, Cape Town

Case number

18922/2010

Judge

Rogers

The court held that the Dominick defendants failed to establish that Nedbank's conduct constituted a breach of any legal duty or obligation under the principal agreement or the suretyship contracts. The facility agreement and suretyships expressly authorised Nedbank to determine the extent and nature of banking facilities and to honour debit requests at its discretion. The absence of a facility agreement did not preclude Nedbank from honouring Puricare's debit requests, and the suretyships covered all indebtedness arising from any cause. The court found no evidence of mala fide conduct by Ned…

Source excerpt

• Suretyship Liability
• Prejudicial Conduct By Creditor
• Facility Agreement
• Non Variation Clause
• Set Off Rights
• Release Of Surety

ABSA Bank Ltd. v Davidson (389/97)

ABSA Bank Ltd. v Davidson (389/97) [1999] ZASCA 94; [2000] 1 All SA 355 (A); 2000 (1) SA 1117 (SCA) (30 November 1999)

Court

Supreme Court of Appeal

Case number

389/97

Judges

Smalberger, Vivier, Harms, Olivier, Farlam

The Supreme Court of Appeal held that a surety was not released by estoppel or alleged prejudice where the bank acted within the terms of the contracts.

• Suretyship
• Estoppel
• Prejudicial Conduct By Creditor
• Contractual Liability
• Banking-law
• Contract-law