O'Connell Attorneys

06/09/2024

https://www.linkedin.com/posts/building-credit-management_bcmnationalcreditsharingforum-buildingcreditmanagement-activity-7237765403265929216-y-ab?utm_source=share&utm_medium=member_desktop

06/09/2024

https://www.linkedin.com/posts/building-credit-management_bcmnationalcreditsharingforum-buildingcreditmanagement-activity-7237765403265929216-y-ab?utm_source=share&utm_medium=member_desktop

Please join us and our guest speakers, Gareth Joubert, Managing Director at Hollard Insurance Trade Credit and Riaan O'Connell Fourie, CEO and Lead Attorney at…

14/06/2024

19/01/2023

We are proud to have successfully represented Nedbank in the matter of Nedbank Ltd v Mhlari NO and Others 2022 (6) SA 438 (GJ) and at the same time be involved in the creation of new law which will be applicable to similar scenarios.
Held
The Parker decision left open the question of ostensible authority and estoppel. There was no legitimate basis upon which it
could be asserted that ostensible authority and estoppel could not be invoked in the case of an action of the Trust,
where the other party was lured into believing that internal formalities were complied with when in fact that was not so.
On the undisputed facts, the Trust should be estopped from relying on lack of authority to contract. The loan agreement
was binding on the Trust, and the third, fourth, fifth, sixth and seventh defendants were equally bound as sureties for
the debts owed by the Trust to the plaintiff. Judgment would accordingly be granted against them in favour of plaintiff.

21/07/2022

Interesting and thought provoking. Especially if applied to the legal fraternity. What do you think should change in our legal system?

Don’t hang onto those traditions or processes (or even systems) that are no longer serving you. Don’t hang on just because that’s the way you’ve always done it. Don’t hang on because you’re afraid of what’s next and the ambiguity of it.

13/05/2022

https://pretorianews.pressreader.com/article/281492164911827

THE court has now paved the way for divor­cing spouses mar­ried out of com­munity of prop­erty and without the accrual sys­tem to be fin­an­cially com­pensated for their con­tri­bu­tion to the mar­riage. In the ground­break­ing judg­ment, the Gauteng...

14/05/2021

The sun sets on another successful week at O'Connell Attorneys. We are very thankful for our loyal clients and our awesome team!

12/05/2021

Organ Donor Foundation - JOG FOR JAMIE
Jamie was a healthy, happy, ‘normal’ 23-year-old who had moved out of home, had a great job and was starting out as an independent woman. Overnight her life changed. She went into hospital one Saturday morning with suspected pneumonia and came out of hospital 3 weeks later. About a year later she was placed on the heart transplant waiting list.

Jamie’s condition has since deteriorated and in March this year she was admitted to Christiaan Barnard to have an LVAD (left ventricle assist device) inserted. This pump is inserted into the heart to keep the blood moving through the body. The idea being that Jamie will become stronger and healthier and in +2 years she can have a heart transplant, should the “ideal” heart become available. Jamie is at home recovering, and her new mantra is “Each day I am getting stronger”.

Leon Oosthuizen, Jamie’s uncle has taken up a challenge of running a gruelling 132.30km from Nottingham Road to Sani Pass (setting out on 28 May) and in doing so is hoping to raise funds for Jamie’s charity of choice, the Organ Donor Foundation. Leon is an amazing human-being and we know people would love to see him succeed in the run, and in raising funds for such a worthwhile cause.

Thank you for your support and donation.

Make a difference, register as an organ and tissue donor on www.odf.org.za
Remember to follow the ODF on Facebook to track Leon's journey by JOG FOR JAMIE
Click here to make a donation now
https://www.payfast.co.za/donate/go/ODF-Fundraising

12/03/2021

e-justice
http://thoughtcorp.09.evlink.net/servlet/link/31264/616585/24361437/2314761
Proposed amendments to uniform rules for the High Court and draft amendments to Magistrate's Courts rules have been released for comment by 14 May. Focusing on the electronic civil justice system, they are informed by recommendations from a task team established in 2018 to investigate how most effectively to use technology to ‘improve the efficiency’ of SA’s courts and ‘the processes of litigation’; ‘optimally utilise resources’; and ‘enhance access to justice for users of the civil justice system’. According to an accompanying letter from the Rules Board for Courts of Law, electronic systems are already being developed for the ‘filing and service of documents and pleadings’ and for ‘the electronic hearing of cases in the High Court and lower courts’. As the system is ‘incrementally developed’, further amendments to the rules will be considered. Meanwhile, it is envisaged that, although litigants and legal practitioners will be required to register on these e-justice systems once they are functional, provision will nevertheless be made for ‘unrepresented litigants’ who may not have access to electronic mechanisms or sufficient data.