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South Africa decisions
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Prioste v Edelstein Faber Grobler Inc and Another (2022 / 031631) [2023] ZAGPJHC 666 (8 June 2023)
The High Court dismissed a claim against conveyancers over sale proceeds from jointly owned property, holding that one joint owner could vary payment instructions for their own share.
Road Accident Fund v HW Theron Inc Attorneys and Others (30076/2021) [2021] ZAGPPHC 709 (30 September 2021)
The applicant failed to establish the requirements for interim relief. The alleged impropriety related to bills of costs from 2018, which were resolved and paid after revision. The first respondent was not implicated in the double payment issue referenced in previous judgments, having repaid any such amount. The applicant did not challenge the legitimacy of the capital amounts owed, and its assertion of potential loss and non-compliance with the PFMA was unfounded. There was no clear right, imminent danger, or absence of alternative remedy demonstrated. Accordingly, the application for interi…
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Tusk Construction Support Services v Mvula Trust and Others (3359/2015) [2015] ZAECGHC 152 (10 December 2015)
High Court costs ruling: the fourth respondent was ordered to pay costs after unnecessarily opposing urgent relief despite the funds no longer being in its trust account.
Fincrop Rsko Management (Edms) Bpk v Van Schalkwyk en Ander (2491/2012) [2012] ZAFSHC 211 (15 November 2012)
The court held that Fincrop was entitled to crop proceeds from the tenant’s 2011/2012 harvest, and that a later lease rectification could not defeat Fincrop’s prior rights.
Stander NO And Another v De Bruin & Partners Inc (69975/2009) [2011] ZAGPPHC 133 (29 July 2011)
The High Court held that a payment made by an insolvent company after commencement of winding up was a void disposition under section 341(2) and ordered repayment.
Van Niewenhuizen v Ingelyf (28781/09) [2010] ZAGPPHC 208 (2 December 2010)
The High Court found that the defendant attorney breached his mandate by paying a contractor before services were completed, causing loss to the plaintiff.
Hayes v Rheeder and Others (CA&R EL 886/08, ECD 2186/08) [2009] ZAECGHC 84 (26 November 2009)
The court extended an interim interdict in a partnership dispute, joined two additional respondents, and postponed contempt and costs issues.
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