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CASE NO: 27/2004. In the matter between : NISSAN SOUTH AFRICA (PTY) LIMITED Appellant and MARNITZ, NADIA N.O. ... and First National Bank of Southern Africa Ltd v Perry NO and Others 2001 (3) SA 960 (SCA) at para 18). The banks usually do not oppose the application for such interdicts but adopt the stance of a stakeholder and await a decision ...
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CASE NO: 27/2004 In the matter between : NISSAN SOUTH AFRICA...
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13 Απρ 2021 · In Nissan South Africa (Pty) Limited v Marnitz NO and others, the Court was required to decide whether a bank can unilaterally reverse a credit without the consent of the recipient. In...
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) LIMITED v MARNITZ, NADIA N.O. & 2 OTHERS, CASE NO: (27/2004), (1 OCTOBER 2004) Overview. Search. Up. Download details. NISSAN SOUTH AFRICA (PTY) LIMITED v MARNITZ, NADIA N.O. & 2 OTHERS, CASE NO: (27/2004), (1 OCTOBER 2004) Information . Created 2019-03-13. Changed . Version. Size 171.79 KB.
14 Απρ 2021 · In Nissan South Africa (Pty) Limited v Marnitz NO and others, the court was required to decide whether a bank can unilaterally reverse a credit without the consent of the recipient. In answering this question, the SCA held that payment is a bilateral act and requires the meeting of two minds.
The High Court held that FNB had to pay the funds over to Maple Freight (in liquidation) and not to Nissan and that Nissan only had a concurrent claim against the insolvent estate of Maple Freight.
Nissan South Africa (Pty) Ltd v Marnitz (Stand 186 Aeroport (Pty) Ltd Intervening) 2005 (1) SA 441 (SCA)