最終更新日：2022/12/24
NEDCOR BANK LTD v LISINFO 61 TRADING (PTY) LTD 2005 (2) SA 432 (C) is a trite principle of our law that the term 'liquid document' for purposes of summary judgment proceedings has the same meaning as a 'liquid document' for purposes of provisional sentence proceedings. In Rich and Others v Lagerwey 1974 (4) SA 748 (A) at 754H, the Court said that, if a document in question, upon a proper construction thereof, evidences by its terms and without resort to evidence extrinsic thereto, an unconditional acknowledgment of indebtedness in an ascertained amount of money, the payment of which is due to the creditor, it is one upon which provisional sentence may properly be granted.
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元となった例文
NEDCOR
BANK
LTD
v
LISINFO
61
TRADING
(PTY)
LTD
2005
(2)
SA
432
(C)
is
a
trite
principle
of
our
law
that
the
term
'liquid
document'
for
purposes
of
summary
judgment
proceedings
has
the
same
meaning
as
a
'liquid
document'
for
purposes
of
provisional
sentence
proceedings.
In
Rich
and
Others
v
Lagerwey
1974
(4)
SA
748
(A)
at
754H,
the
Court
said
that,
if
a
document
in
question,
upon
a
proper
construction
thereof,
evidences
by
its
terms
and
without
resort
to
evidence
extrinsic
thereto,
an
unconditional
acknowledgment
of
indebtedness
in
an
ascertained
amount
of
money,
the
payment
of
which
is
due
to
the
creditor,
it
is
one
upon
which
provisional
sentence
may
properly
be
granted.
