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[1] What are the consequences of mistakenly transferring money to an incorrect bank account? That is the question that arises for decision in this appeal. [2] The appellant is a customer of the third respondent (‘FNB’). On 31 December 2002 it instructed FNB to make certain payments to its creditors. One such creditor was TSW Manufacturing.
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CASE NO: 27/2004 In the matter between : NISSAN SOUTH AFRICA...
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NISSAN SOUTH AFRICA (PTY) LIMITED v MARNITZ, NADIA N.O. & 2 OTHERS, CASE NO: (27/2004), (1 OCTOBER 2004) / Download Summary Overview. Search. Up. Summary. List of files selected for download. NISSAN SOUTH AFRICA (PTY) LIMITED v MARNITZ, NADIA N.O. & 2 OTHERS, CASE NO: (27/2004), (1 OCTOBER 2004) Size: 171.79 KB; Back. Powered by jDownloads ...
cases of First National Bank of Southern Africa Ltd v Perry NO1 and Nissan South Africa (Pty) Ltd v Marnitz NO,2 a development in our law had taken place in terms of which a bank which has credited a thief’s account with the proceeds of stolen money is liable to the owner of the money because it has no obligation to account to its
In terms of the judgment a claim by Nissan South Africa (Pty) Ltd for the payment of an amount standing to the credit of Maple Freight CC (in liquidation) with First National Bank was dismissed. Nissan, by mistake, paid an amount into an incorrect bank account being the bank account of Maple Freight with Standard Bank.
The Supreme Court of Appeal today upheld an appeal by Nissan South Africa (Pty) Ltd against a judgment of the Witwatersrand Local Division of the High Court.
Nissan South Africa (Pty) Ltd v Marnitz and Others 2005 (SCA) Facts: On its customer's (the appellant's) instructions, Firstrand Bank Ltd (FNB) (the third respondent) transferred an amount in excess of R12 E million from the appellant's account to an account held by one of the appellant's creditors, TSW, at the Standard Bank ...
Nissan South Africa (Pty) Ltd v Marnitz NO and others (Stand 186 Aeroport (Pty) Ltd intervening) [20 Case summary of the Nissan case, that dealt with the reversal of funds... View more
