Cybercrime was once again the topic of a legal wrangle, this time between two car sale companies, with the one who bought two bakkies from the other, only to discover after delivery of the vehicles that cybercriminals had intercepted the electronic payment made for the vehicles.

A Pretoria News report says none of the parties was prepared to take the financial loss and the seller initially turned to the Louis Trichardt Regional Court to get its R290 000 back – the price at which it sold the two bakkies.

It ruled Hyundai Louis Trichardt had to pay Northcliff Nissan the R290 000 for the vehicles. 

The magistrate reasoned that the two car dealerships had a contract in place and, cybercrime or not, Northcliff Nissan was due payment for the two bakkies.

Aggrieved with this judgment, Hyundai turned to the Limpopo High Court (Thohoyandou) to appeal the verdict.

The Pretoria News report notes Acting Judge IM Khosa said the two cases were clear – the one saying it did pay as per the invoice sent and the other saying no payment was received.

In finding in favour of the appellant, the judge said the Regional Court erred in finding that the buyer was negligent. The seller’s claim was founded in an argument that the buyer had breached the contract by not paying for the vehicles.

Khosa said in order to succeed, the seller had to prove a breach of the terms of the contract relating to payment of the purchase price.

Instead, the latter produced evidence of negligent failure to verify bank account details before it made an electronic payment. 

The judge concluded that the seller failed to prove the breach of a term of the contract claim it pleaded.

The appeal was thus upheld with costs.

Full Pretoria News report in The Star

Judgment