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The court distinguished Investec on the basis that its finding was only applicable when security is cancelled before the debt becomes due, which differed from…
The case was cited as an instance where the principle in Oliff v Minnie has been applied.
Followed for the generally accepted principle that the contractual relationship underlying the operation of a current account is that of creditor and debtor,…
Cited for the definition of the in duplum rule that interest stops running when the unpaid interest equals the outstanding capital.
Cited via Nedbank v Pestana for examples of when a credit may be validly reversed by a bank, including cases of fraud, theft, forgery, or erroneous credit.
Cited for the proposition that the term 'debt' has a broader meaning than 'cause of action', and that even an excipiable summons can interrupt prescription if…
Court applies the principle that a respondent may seek to uphold a judgment on additional grounds without having lodged a cross-appeal.
Cited regarding the general principle of amendment and prescription.
Cited for the principle that a new point may be raised on appeal if it is covered by the pleadings and involves no unfairness to the other party.
Cited for the decision that excised the exceptio doli generalis from our law, holding it had never been received in Roman-Dutch law.
The Court cites this case for the proposition that subjective knowledge of parties not derived from the process does not supplement compliance with s 15(1) of…
Cited for the proposition that a secured creditor who relies solely on security ceases for practical purposes to be a creditor of the estate and cannot enforce…
Cited as authority on the in duplum rule and the principle that interest is suspended pendente lite from service of process until judgment.
Cited for the principles that whether a cession is in securitatem debiti depends on the intention of the parties; that when book debts are ceded in securitatem…
The High Court applied the 'no other reasonable interpretation' test from this case to determine whether a tacit contract existed.
Applied for the principle that entries in a bank's books constitute prima facie evidence of transactions but one is not precluded from looking behind such…
Cited for the principle that criteria for legal causation should not be applied dogmatically but in a flexible manner.
Cited for the principle that 'debt' does not have the technical meaning given to 'cause of action' when used in the context of pleadings.
Decision cited where the argument was first developed that debt review and debt rearrangement are separate processes.
Cited as a first instance decision that developed the duty of care to encompass an obligation to take reasonable care when receiving and processing an…
Cited by O'Regan J for the approach to the raising of new matters on appeal by litigants.
Cited for the principle that a bank's obligation under a letter of credit is confined to ensuring that presented documents conform with the terms of the letter…
The court followed the principle that the absence of the deponent signing the certificates of indebtedness or being present at the conclusion of agreements is…
Cited for the principle that legal causation involves a flexible test that may consider a myriad of factors.
Cited as authority for courts referring to the 'right of action' prescribing in relation to debts.
Order is final if final word spoken and not reparable at final stage; cited on appealability in referral context.
Cited for the recognition that the pledge theory is accepted as the default position for cessions in securitatem debiti.
Cited for the principle that the in duplum rule cannot be waived in advance or during the period of the loan and is based on public policy considerations.
Applied for the principle that compound interest is claimable where a universal custom of lessors charging compound interest is uniformly and universally…
Court applies the principle that a creditor relying solely on security ceases to be liable for costs of sequestration and for practical purposes ceases to be a…
Applied at paragraphs 61 and 62 to confirm that an unliquidated counterclaim cannot be set off against the applicant's claim in winding-up proceedings.
Cited as illustrative of South African law on liability for negligent misstatements and for the flexible test for remoteness of damage.
Cited for permitting departure from pleadings where no prejudice caused.
Applied to confirm that loans without agreement as to time for repayment are at common law repayable on demand, meaning the debt is repayable as soon as it is…
Followed to hold that form should not override substance in determining the character of a cession in securitatem debiti and that re-cession is not required…
Cited for the principle that ownership of shares involves rights that may be ceded or held beneficially without registration.
Court applies the principle that foreign law is a question of fact that must be proved, and that where foreign statutory law is in issue the court will examine…
Cited in relation to determination of the applicable prescription period (three versus 30 years).
Cited for the proposition that an appeal lapses if an appellant fails to lodge a proper record within the prescribed period or within an extended period.
Followed for the principle that unauthorised and illegal conduct is contra boni mores, contrary to public policy, and militates against the doctrine of…
Cited for the rejection of the exceptio doli generalis.
Cited for the principles concerning tacit acknowledgement of liability interrupting prescription.
Court applies this case for the proposition that the in duplum rule is suspended pendente lite and interest may run until it reaches double the capital amount…
Applied for the principle that a tacit contract is established by conduct justifying an inference of consensus between parties.
Cited for restating the general principles relevant to the determination of the novelty of claims of a patent and the classic formulation of the test for…
Applied to explain the two meanings of 'onus of adducing evidence': the duty to commence leading evidence and the incidence of the onus of proof.
Relied on for the proposition that demand guarantees require strict compliance.
Court applies the test for establishing a tacit contract, requiring unequivocal conduct capable of no other reasonable interpretation than that the parties…
Cited for the principle regarding when amendments may be allowed without unfairness to the plaintiff.
Applied for the principle that the in duplum rule is suspended pendente lite and once judgment has been granted, interest may run until it reaches the double…
Cited for the proposition that a second-ranking cession in securitatem debiti presents no obstacle to relief if the prior cession is not an impediment.
Cited for the principle that when an exception is upheld on the ground that a plaintiff's particulars of claim fails to disclose a cause of action, the order…
Applied for the principle that a new point will not be allowed on appeal if it would be unfair to the opponent.
Cited for the meaning of 'debt' in the Prescription Act and that it does not refer to 'cause of action'.
Cited for the principle that allowing the appellant's change of stance would involve unfairness to the respondent.
Applied to support the principle that allowing a change of stance would result in unfairness to the respondent by depriving him of having his defence…
Cited for the forms of insolvency (factual and commercial) and the test for provisional winding-up.
Cited in Van Rensburg for distinguishing between a cause of action and a debt as envisaged by the Prescription Act.
The court applied this case's objective test that the process must be objectively considered and extrinsic knowledge of the parties cannot affect its…
Cited for the general proposition that where money is deposited into a bank account it mixes with other money and becomes property of the bank by virtue of…
The High Court (Liebenberg and Plasket JJ sitting as court of first instance) dismissed Standard Bank's application for removal of Nel and De Villiers as joint…
Cited as an example of the application of the proximate cause test in cases involving causation in estoppel.