Hollard secures R2.7m payment despite community unrest defence
The insurer successfully upheld the enforceability of a guarantee after a civil engineering company failed to complete a project because of community disruptions.
#HighCourt
Discovery to appeal ‘far-reaching’ judgment in favour of RAF
The High Court says Discovery Health misconstrued the scope of the judgment that set aside the RAF’s first directive on the payment of medical scheme members’ claims.
How the dispute between the RAF and Discovery unfolded
Discovery Health’s quest for reimbursement from the RAF for medical expenses incurred by road accident victims has faced multiple legal hurdles, with new RAF directives complicating the situation.
Dimension Data Campus case: a landmark test for corporate governance
The High Court’s ruling emphasises the duty of directors to disclose conflicts of interest and highlights the importance of complying with corporate and B-BBEE laws.
SCA upholds order to release full Steinhoff forensic report
The judgment highlights the impact of Steinhoff’s collapse on retirement funds and the public’s right to understand the nation’s biggest corporate scandal.
High Court reinforces key principles of disclosure in insurance
Applicants must fully disclose all relevant information during underwriting, even if it was divulged in past applications.
Judge rebukes bank for ‘high-handed’ approach to credit agreement reinstatement
Credit providers must quantify their reasonable enforcement costs promptly to allow for an agreement to be reinstated.
Court ruling highlights discovery dispute in R16-million insurance claim
The High Court has dismissed challenges by a policyholder accused of defrauding Discovery Life of more than R16m in disability and income protection claims.
Restraint of trade binding on a consultant, High Court finds
The classification of a person as a consultant is not determinative in deciding whether a restraint of trade applies.
Agreement can’t override an FSP’s duty to initiate debarment proceedings
The High Court rules on a former employee’s contention that the FSP’s notice of intention to debar was a breach of their settlement agreement.
Bank fraud: FICA doesn’t create a private law right to third-party damages
A couple who were victims of business email compromise argued that FICA imposed a private law duty on Nedbank to protect them from financial harm.
Debtor carries the risk, says High Court in ruling on cyber-fraud liability
The judgment highlights that confirming payment details is essential to avoid financial loss.
Insured’s expert witness more credible than the insurer’s, judge finds
The court ruled that MiWay’s expert analysis relied too heavily on assumptions, while overlooking the driver’s account that he swerved to avoid a dog.
Retirement savings not immune to SARS tax collection orders, court rules
SARS can appoint third parties to deduct tax debts directly from retirement funds, overriding the protections under the Pension Funds Act.
High Court rules against financial firm in restraint of trade dispute
The FSP failed to prove the existence of a protectable or that the restraint had been breached.
Municipal officials face prison for contempt in pension fund case
Retirees, should be especially vigilant against three common scams: phishing and its more targeted version, spearfishing; deepfakes; and the Grandparent scam, which uses voice cloning.
Municipality found liable for fire damage after water supply failure
The business would not have performed grinding activities if it had been forewarned about the interruption to the water supply.
