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South Africa Case Law

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Banking And Finance [2013] ZASCA 183

Absa Bank Limited v Hanley (08/2013)

Absa Bank Limited v Hanley (08/2013) [2013] ZASCA 183; [2014] 1 All SA 249 (SCA); 2014 (2) SA 448 (SCA) (29 November 2013)

Court
Supreme Court of Appeal
Case number
08/2013
Judges
Malan, Wallis, Petse, Saldulker, Van der Merwe

The SCA held that ABSA could not debit Hanley’s account for an unauthorised US$1.6 million transfer. The bank’s negligence in processing the forged instruction caused the loss.

  • Bank Customer Relationship
  • Negligence
  • Proximate Cause
  • Unauthorised Payment
  • Mandate
  • Forgery And Fraud
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Commercial And Corporate [2011] ZAGPJHC 168

Bhambatha Investments Pty Ltd v Vilakazi and Another (3338/2011)

Bhambatha Investments Pty Ltd v Vilakazi and Another (3338/2011) [2011] ZAGPJHC 168 (4 August 2011)

Court
South Gauteng High Court, Johannesburg
Case number
3338/2011
Judge
Willis

The High Court held that former directors who were told they no longer had authority nonetheless caused payment from the company’s account and were liable to repay it.

  • Director Removal
  • Unauthorised Payment
  • Joint And Several Liability
  • Director-removal
  • Unauthorised-payment
  • Joint-and-several-liability
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.