The court noted the curator's alternative argument that even if the funds constituted trust property, the bank was not a financial institution that dealt with trust property as a regular feature of its business (as required by the definition in section 1 of the Financial Services Board Act 97 of 1990). The court observed this argument appeared circular since if attorneys' trust moneys were regarded as trust property in the hands of the bank, the bank would indeed have been such a financial institution. However, the court found it unnecessary to decide this issue given its conclusion on the main question. The court also addressed the curator's practical argument that if banks were placed in the position of trustees over attorneys' clients' funds, they would not be able to invest such money in the ordinary course of business, making it economically unviable for banks to offer such accounts. While the court mentioned this practical consideration, it based its decision on the proper interpretation of the statutory provisions rather than on commercial practicality.