South Africa Case Law

Cedarwood Properties (Pty) Limited v Dickinson and Theunissen Inc and Another (9902/2017P)

Cedarwood Properties (Pty) Limited v Dickinson and Theunissen Inc and Another (9902/2017P) [2019] ZAKZPHC 59 (29 August 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9902/2017P

Judge

Koen

The court held that the conveyancer had to pay the sale proceeds to the company, not to a shareholder, and ordered repayment with interest and costs.

• Mandate Of Conveyancer
• Specific Performance
• Contractual Damages
• Distribution Of Sale Proceeds
• Liability For Misapplied Funds
• Third Party Indemnity

Thompson v Federated Timbers and Others (17408/09, 3984/10)

Thompson v Federated Timbers and Others (17408/09, 3984/10) [2010] ZAKZDHC 72 (8 December 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

17408/09, 3984/10

Judge

Wallis

The court held that DPCS was aware of the incident involving Mr Thompson by mid-2008 and, given the request for insurer details and the nature of the event, a reasonable insured would have appreciated the possibility of a claim arising. The insurance policy required notification to Zurich of any event that may give rise to a claim as soon as reasonably possible. DPCS failed to notify Zurich of the event within a reasonable time, constituting non-compliance with the policy's notice requirements. This failure entitled Zurich to avoid liability for indemnity under the policy. The court found tha…

Source excerpt

• Insurance Policy Interpretation
• Public Liability
• Claims Made Basis
• Notice Requirements
• Third Party Indemnity