MEDIA STATEMENT – CASE HEARING IN SUPREME COURT OF APPEAL
 
Brink v Humphries & Jewell Pty Limited

Supreme Court of Appeal -516/03 Hearing date: 9 November 2004
  Judgment date: 30 November 2004
Defence of iustus error upheld where a personal suretyship by the signatory was included in an application for credit signed on behalf of a company. Order in para [13].

Media Summary of Judgment

On 30 November 2004 in J Z Brink v Humphries & Jewell (Pty) Limited the Supreme Court of Appeal held, by a majority, that the appellant was not bound by a suretyship clause contained in an application for credit form signed by him. The application was for credit facilities to be granted by the respondent to a company of which the appellant was a director. The majority of the court found that the appellant was justifiably misled by the appearance of the form into thinking that he was only applying for credit for the company, and the suretyship obligation was accordingly void.