Monday, December 5, 2011

Four claim R10m from KZN law firm

Four claim R10m from KZN law firm
2011-12-05 20:01


Four plaintiffs claimed more than R10m from prominent firm of attorneys Garlicke and Bousfield in the KwaZulu-Natal High Court in Pietermaritzburg on Monday.

The claims arose from bridging finance deals made by executive consultant and practising attorney Colin Bernard Cowan, 71.

Cowan died after apparently putting a gun to his head and pulling the trigger at his Durban swimming pool in November last year.

Garlicke and Bousfield has resisted the claims, alleging that Cowan concluded agreements for his dishonest purposes and neither for the purposes of nor in the interests of the firm.

However, it was claimed for the plaintiffs that the firm knew what Cowan was doing and allowed him to conduct the business.

He conducted the business and operated it in the firm's office and advised the public about it.

An allegation was that the firm represented expressly or implicitly, by words or conduct, that Cowan was authorised to conduct a bridging finance business on its behalf.

This would be in its interests and for its benefit.

Further, Garlicke and Bousfield had allowed its trust account to be used for receipts and payments in respect of the business.

Garlicke and Bousfield has launched actions against insurers, claiming that if it is held responsible for the claims, the insurers must be liable.

The plaintiffs are Tower Bridge SA (Pty) Ltd, Neil Douglas Rodseth, Merlin Stuart Stols and David Jaffit.

Judge Isaac Madondo reserved judgment.


Read more on: pietermaritzburg

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