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...