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South Africa Case Law

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Banking And Finance [2017] ZAWCHC 139

Ixocure (Pty) Ltd v Firstrand Bank Ltd (19619/2014)

Ixocure (Pty) Ltd v Firstrand Bank Ltd (19619/2014) [2017] ZAWCHC 139 (30 November 2017)

The court found that the transfer from Likhanyile to the plaintiff's account was provisional and never completed due to a hold placed following a fraud complaint. The evidence showed that the credit entry was conditional and not finalised, and the plaintiff's account was never validly credited with the disputed amount. The principle that a bank may not reverse a valid credit did not apply, as the transaction was never completed. The court further held that the representations relied upon by the plaintiff for estoppel were made by Likhanyile or its director, not by the bank, and that the plain…

  • Banking Liability
  • Reversal Of Credit Entries
  • Estoppel
  • Standard Banking Practice
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Banking And Finance [2004] ZAFSHC 102

Absa Bank Limited v van der Westhuizen and Another (3486/2001)

Absa Bank Limited v van der Westhuizen and Another (3486/2001) [2004] ZAFSHC 102 (11 November 2004)

The court found that the plaintiff, as collecting bank, was liable to the Gauteng Provincial Government for the amount of the cheque, having received payment on behalf of persons not entitled thereto and acted negligently. The plaintiff refunded the amount and suffered loss. The defendants failed to prove any negligent misrepresentation or breach of contract by the plaintiff regarding special clearance, as no such employee existed and no special clearance was requested at the time of deposit. The evidence showed both defendants benefited from the proceeds, and the account was operated as a jo…

  • Collecting Bank Liability
  • Negligent Misrepresentation
  • Joint And Several Liability
  • Reversal Of Credit Entries
  • Attorney And Client Costs
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.