BACKGROUND & SUMMARY This case was first heard in February 2017, where Rose J delivered judgment, in which a financial institution was found to have breached what is commonly known as the “Quincecare duty“. The Quincecare duty was first referred to in the1992 decision of Steyn J in Barclays Bank plc v Quincecare Ltd, which
SUMMARY The appellant in this matter is Scoin Trading, a company that trades in coins and similar items. Gregory John Till (the deceased) was an avid coin collector who had purchased some gold coins and medallion from the appellant. During August 2007, deceased entered into an agreement with the appellant to purchase a rare ZAR
BACKGROUND The Plaintiff, Elizabeth Maria Basson, was the beneficiary under a life insurance policy taken out by her late husband prior to his death (the “Deceased”). The Plaintiff instituted action against the Defendant, Hollard Life Assurance Company, for the payment of the proceeds of the policy after the Defendant rejected the claim on the grounds
By Caitlin Wilde, Senior Associate, and Paul-Michael Keichel, Partner   Introduction The Companies Act[1] contemplates two distinct sets of instances in which a person may be declared delinquent, alternatively placed under probation. The wording of section 162(5) is peremptory, in that a court must make an order declaring a person to be delinquent in particular
SUMMARY This matter concerned a minor who was abducted from hospital as an infant and subsequently ‘found’ when she was 17 years old. Accordingly, she required her anonymity to be protected beyond the point of her being a minor and into her adulthood, given the fact that the ensuing criminal trial that took place had
By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Senior Associate Introduction This article is one in a series on expropriation and looks at some of the fundamental legal issues surrounding expropriation without compensation (“EWC”).   This article asks what the ‘land hunger’ is that EWC is supposed to address as a part of the broader program
The National Minimum Wage Act The South African President, Cyril Ramaphosa, has signed into law the National Minimum Wage Act (“the Act”) on 23 November 2018, which will come into effect on a date still to be determined by the President. The Act will see the minimum hourly rate for workers set at R20.00 (“NMW”),
Introduction This is part 2 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”).  In part 1 we discussed what kind of complaint, dispute or query ‘counts’ for the purposes of allowing a customer to delay payment or avoid credit control action. In this part we
SUMMARY Each of the four Applicants, respectively, had entered into various credit agreements in terms of the National Credit Act (“NCA”). Subsequent thereto, the Applicants were unable to make payment of their respective liabilities and the Applicants’ only realisable assets consisted of moveable assets with minimal value. As such, they applied for the voluntary surrender
By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate Introduction Our offices have taken note of an alarming increase in the number of SMS’s sent to clients by the City of Johannesburg Metropolitan Municipality (“COJ”) advising that that their services would be disconnected without notice, due to an alleged breach of the payment terms of