In September 2024 the High Court underscored the fundamental differences between guarantees and suretyships and the implications of business rescue proceedings on these financial instruments.

The principal debtor was indebted to the bank and had been placed under business rescue. These debts were guaranteed by the respondent as an independent, principal obligation. The respondents renounced

This blog was co-authored by Jos Fogle, candidate attorney at Norton Rose Fulbright South Africa.

In February 2024 the Johannesburg High Court confirmed yet again that a contractor cannot rely on a prima facie right in a construction agreement to interdict the payment by the guarantor under an on-demand guarantee in the absence of fraud.

Co-authored by Jos Fogle – Candidate Attorney

On 4 June 2024, the Supreme Court of Appeal held that a settlement agreement between a beneficiary and a guarantor does not give the principal debtor the right to challenge the guarantor’s payment to the beneficiary.

Construction work was subcontracted to a contractor by the beneficiary. The contractor

This blog was co-authored by candidate attorney, Jos Fogle.

In City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others (1346/ 2022) [2024] ZASCA 51 (18 April 2024),

Electricity was supplied to an entire commercial property through the body corporate by means of a single supply point by the municipality. The owners of the

In January 2024 the High Court held that an insurer’s guarantee that ambiguously contained two incompatible  expiry dates, namely the date of issue of the final completion certificate under the construction contract and the date on which the contractor had to pay under the consequent final payment certificate, should be interpreted in a businesslike fashion