Banks Archives | GilesFiles

Funds wrongfully misappropriated: Legal duty to third parties

by GilesFiles | Mar 18, 2021 | 2020 +, appeal, Appeals, Banks, Cause: delict, Cause: general, Common Law, Consumer protection, Courts, Declaratory, Exceptions/special pleas, Finance, Interpretation and application, Judges, Legal Practice, Orders, Parties, prescription, Refused, Roman Dutch law principles, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

FirstRand Bank Ltd v Spar Group Ltd SCA considered case where funds were wrongfully misappropriated and decided that although disbursements from the bank accounts by a customer were not a breach of fiduciary duty they were...

Suspicious conduct insufficient: Dismissal and reinstatement?

by GilesFiles | Dec 18, 2020 | 2020 +, Acting LAC judges, Adverse inferences, appeal, Appeals, Awards -s145, Banks, Circumstantial, Compensation, Conduct or capacity, Courts, Dispute Resolution (LRL 3), Evidence and onus, Factual disputes, Finance, Judges, Jurisdiction and powers, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s189 and 189A see Termination, Misconduct generally, Onus of proof, Orders, Parties, Reinstatement, Review tests, Sectors, Sidumo - reasonableness, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Trust and confidence, Valid reason and fair reason | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Resigning immediately analysed: Evading discipline?

by GilesFiles | Dec 10, 2020 | 2020 +, appeal, Appeals, Appointed LAC judges, B Waglay, Banks, Cause: contractual breach, Common Law, Courts, Dismissal generally, Dispute Resolution (LRL 3), Finance, Granted, Judges, Labour Appeal Court, Labour Relations, Labour Relations Act 1995, LAC judges, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Resignation voluntary, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Trial referral considered: Different to evidence referral

by GilesFiles | Oct 28, 2020 | 2020 +, Applications, Banks, Courts, Finance, High Court, High Court judges, Insights, Judges, Jurisdiction and powers, Legal Practice, Orders, Parties, Protectable business interests, Public policy, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Setting aside sale: Execution and condonation refused

by GilesFiles | Oct 12, 2020 | 2020 +, appeal, Appeals, Applications, Attorney client scale, Banks, Cause: statute, Common Law, Condonation, Consumer protection, Courts, De bonis propriis, Interpretation and application, Judges, Legal Practice, Orders, Orders re costs, Parties, punitive costs, Refused, Refused, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

Huysamen v Absa Bank Ltd Setting aside sale of property in execution not permitted when delay is caused by attorney and it is unacceptable for attorneys to rely on inexperience in conducting appeals because the appeal notice...

Resigning before dismissal: Unlawful and unfair considered

by GilesFiles | Sep 18, 2020 | 2020 +, Applications, Appointed LC judges, Banks, Cause: contractual breach, Common Law, Courts, Declaratory, Dismissal generally, Dispute Resolution (LRL 3), Finance, Interdicts and rule nisi, Judges, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Lawfulness, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Orders, Parties, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Case management directions: Postponement separation and discovery

by GilesFiles | Jul 31, 2020 | 2020 +, A.G. Binns-Ward, Amending pleadings, Applications, Banks, Cause: delict, Common Law, Courts, Evidence and onus, High Court, High Court judges, Judges, Legal Practice, Orders, Parties, Rules, Sectors, Topics | 0 |

Investec Bank Ltd v O’Shea NO High Court discussed case management directions and stressed that a ruling in terms of Uniform Rule 33(4) should be made by the judge and the legal representatives concerned only after very...

Fraudulent email instruction: Electronic signature?

by GilesFiles | Mar 18, 2020 | 2020 +, Appeals, Banks, Cause: contractual breach, Cause: statute, Common Law, Courts, Judges, Legal Practice, Parties, SCA judges, Sectors, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Rule 11 application: Rejected review application

by GilesFiles | Dec 17, 2019 | 2019, Applications, Appointed LC judges, Banks, Courts, Dispute Resolution (LRL 3), Edwin Tlhotlhalemaje, Judges, Labour Court, Labour Court judges, Labour Relations, LC Practice Manual, LC Rule 11, LC Rule 11(4), Legal Practice, Parties, Rules, Sectors, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Collection costs interpreted: National Credit Act

by GilesFiles | Dec 13, 2019 | 2019, Applications, Banks, Cause: contractual breach, Cause: statute, Common Law, Courts, Declaratory, High Court, High Court judges, Interpretation and application, Judges, Jurisdiction and powers, Legal Practice, Legal practitioners, Legislation, Orders, Parties, Sectors, SOEs (State Owned Enterprises), Topics | 0 |

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by ensuring that creditor...

Fatal procedural breach: Consultation process

by GilesFiles | Oct 28, 2019 | 2019, André van Niekerk, Applications, Appointed LC judges, Banks, Courts, Declaratory, Dispute Resolution (LRL 3), Granted, Interdicts and rule nisi, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Parties, Procedural issues, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Insubstantial policy compliance: LRA s 189A(13) procedure

by GilesFiles | Oct 4, 2019 | 2019, Acting LC judges, Applications, Banks, Cause: statute, Common Law, Courts, Declaratory, Dispute Resolution (LRL 3), Exceptions/special pleas, Granted, Interdicts and rule nisi, issue estoppel, Judges, Jurisdiction and powers, Labour Court, Labour Court judges, Labour Relations, Labour Relations Act 1995, Legal Practice, LRA Chpt: 7: s112-184 Dispute resolution, LRA Chpt: 8a: s185-197B Dismissals, Operational requirements-s189, Orders, Parties, Procedural issues, Rules, Sectors, Statutes (LRL 2) - work law, Termination & dismissal (LRL 8), Topics, Urgency | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Category: Banks