Assignment 2 Semester 2d 2026
Unique number:
Due date: September 2026
Joint Stock Company Varvarinskoye v Absa Bank Ltd 2008 (4) SA 287
(SCA)
1. Facts of the case
Joint Stock Company Varvarinskoye was a Kazakhstan company responsible for
developing a gold and copper mine, and it appointed MDM Ferroman as lead
contractor for the project.1 Because Joint Stock was concerned about payments to
subcontractors, the contract required money for subcontractors to be kept in a
special Absa account and released only through an agreed payment procedure. 1
When MDM later experienced financial problems, Absa used set-off to appropriate
R28 244 780.59 from that account against debts owed to the bank. 1 Joint Stock
claimed the money was held for a specific purpose and demanded repayment from
Absa as agreed.1