- Jun 28, 2017
Who's your bank? That's uselessI once got a phone call waking me up from a hangover of note (staff party) from my bank, telling me that somebody had mistakenly sent 20k to my account, shame it took the poor lady a while to get that through to me. was it as simple as giving the bank permission to return the cash? I wish, no it was me starring in my own remake of the walking dead, driving to the bank to get them to raise my limit, call the guy who made the mistake to get his account details and EFT the money myself.
You will have to pay back any interest accrued on that money as well as fat legal bill if lawyers are involved.It is however 100% legal to drag your feet paying it back and earning some interest.
In the result the following order is made:
1 The appeal is upheld with costs including the costs of two counsel. Such costs are to be paid by the first and second respondents and the intervening party jointly and severally.
2 The order of the court a quo is set aside and replaced with the following order:
‘1 It is declared that the amount of R9 750 000 and any interest that accrued thereon from 20 February 2003, which is subject to the attachment order issued under case number 2003/1508 and transferred by consent to an account under the control of the first and second respondents, does not form part of the insolvent estate of Maple Freight CC (in liquidation).
2 The first and second respondents are directed to release the amount of R9 750 000 and any interest that accrued thereon from 20 February 2003, as referred to in para 1 above, to the applicant.
3 The first and second respondents and the intervening party jointly and severally are ordered to pay the applicant’s costs including the costs of two counsel.’