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South Africa decisions
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Rodel Financial Services (Pty) Ltd v Legal Practitioners Fidelity Fund (42693/2019) [2020] ZAGPJHC 238 (7 October 2020)
The High Court dismissed a Fidelity Fund claim because the applicant had not shown reasonable efforts to recover stolen trust money from the attorney first.
Howden Africa (Proprietary) Limited v Legal Practitioners Fidelity Fund Board (19/1250) [2019] ZAGPJHC 271 (8 August 2019)
The court found that the payment of R7.5 million by the applicant into the trust account of Hooyberg Attorneys did not constitute an entrustment for the benefit of the applicant. The terms of the loan agreements indicated that the funds were paid in discharge of the applicant's obligations as lender and were held in trust for the borrowers, not the applicant. The court held that any loss suffered was that of the borrowers, who were deprived of the benefits of the loan due to the theft, and not the applicant. Consequently, the applicant did not meet the requirements for reimbursement under Sec…
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Suliman and Others v Estate Agency Affairs Board and Others (15155/2005) [2010] ZAGPPHC 564 (11 February 2010)
The High Court held that the plaintiffs had exhausted available remedies and could recover losses from the Estate Agency Affairs Board under the Fidelity Fund.
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