Deepening Democracy through Access to Information
Home / Case Law / Supreme Court of Appeal RSS ← Back
Pretoria|First National Bank|North Gauteng High Court

Email this article

separate emails by commas, maximum limit of 4 addresses

Verification Image. Please refresh the page if you cannot see this image.

Sponsored by


Embed Video

First National Bank - A Division of Firstrand Bank Limited v Clear Creek Trading 12 (Pty) Ltd and Another (1054/2013) [2015] ZASCA 6

Photo by iStock

12th March 2015


Font size: -+

The SCA on March 9 upheld an appeal by First National Bank against an order in the North Gauteng High Court, Pretoria, declaring that the provisions of the National Credit Act 34 of 2005 were applicable, by agreement between the parties, to a contract to which they would ordinarily not apply. The matter was dealt with as a separated issue under Rule 33(4). No order was made specifying the issue to be considered. No agreed facts were stated and no evidence was led.

The SCA held that the provisions of Rule 33(4) had not been properly applied. In addition, facts concerning the circumstances in which the agreement was concluded were relevant to a determination of the issue. It upheld the appeal and, ordering each party to pay its own costs of the appeal, substituted the order of the court below with one that no order was made on the separated issue and that the costs relating to that issue would be costs in the cause.

To watch Creamer Media's latest video reports, click here
  • First National Bank - A Division of Firstrand Bank Limited v Clear Creek Trading 12 (Pty) Ltd and Another (1054/2013) [2015] ZASCA 6
    0.27 MB
Sponsored by


To subscribe email or click here
To advertise email or click here

Comment Guidelines

About is a product of Creamer Media.

Other Creamer Media Products include:
Engineering News
Mining Weekly
Research Channel Africa

Read more


We offer a variety of subscriptions to our Magazine, Website, PDF Reports and our photo library.

Subscriptions are available via the Creamer Media Store.

View store


Advertising on is an effective way to build and consolidate a company's profile among clients and prospective clients. Email

View options
Free daily email newsletter Register Now