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BC Funding Solution (Pty) Limited v Estate Agency Affairs Board (006468-2023) [2024] ZAGPJHC 242 (7 March 2024)
Summary judgment was refused in a claim under the Estate Agency Affairs Act because the alleged entrustment of funds and trust-money status raised a triable issue.
Flowra Trading CC v Intozazi Trading (Pty) Ltd and Another (2227/08) [2009] ZAECPEHC 15 (28 April 2009)
The High Court dismissed a contempt application over a prior order requiring money to be paid to attorneys in trust, finding no wilful, mala fide non-compliance.
Sehlare and Another v De Jongh & Pienaar and Others (10054/08) [2008] ZAGPHC 421 (25 November 2008)
The court found that the suspensive condition in the sale agreement was not fulfilled by the stipulated date, causing the agreement to lapse. Subsequent conduct and the addendum did not revive the agreement, as the addendum did not comply with section 2(1) of the Alienation of Land Act. The third respondent was not entitled to commission because the agreement had lapsed and no breach by the applicants was established. The R192,000.00 paid as part of the transaction was trust money and should have been held to the credit of the applicants. The attorneys involved failed to act on proper instruc…
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S v Visagie (460/89) [1990] ZASCA 124; 1991 (1) SA 177 (AD); [1991] 1 All SA 313 (A) (28 September 1990)
The appellant, as an estate agent, was entrusted with cheques intended for deposit into the trust account of Terra Trust. She knowingly disregarded explicit instructions and deposited the cheques into her personal account without authority from either the buyers or Terra Trust. The Wessels dictum, which provides that the existence of a liquid fund may negate the intent required for theft, is only applicable where money is held in trust. In this case, the appellant was not authorised to hold the money in trust, but merely to deposit it into the trust account. Her actions constituted a delibera…
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