Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019) [2022] ZAGPJHC 206; [2022] HIPR 189 (GJ) (8 April 2022)

Adlam v Fabri South Africa (Pty) Ltd (A5009/2021;42702/2019) [2022] ZAGPJHC 206; [2022] HIPR 189 (GJ) (8 April 2022)

The court found that the goods ordered by the appellant were 'special-order goods' as defined in section 1 of the Consumer Protection Act, having been designed and created specifically to satisfy her requirements. Consequently, section 17 of the CPA, which allows for cancellation and refund except in the case of special-order goods, was not applicable. The appellant's cancellation of the agreements was therefore not lawful under the CPA and constituted a repudiation of the contracts. The respondent was entitled, under the clear wording of the agreements, to retain the amounts paid and was not obliged to refund the appellant except in the event of its own breach, which had not occurred....

Citation
[2022] ZAGPJHC 206
Parties
Appellant: Alouise Adlam; Respondent: Fabri South Africa (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 April 2022
Case Number
A5009/2021;42702/2019
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Court a Quo
Outcome
Appeal dismissed with costs.
Judges
Mdalana-Mayisela, Opperman, Meersingh
Legal Topics
Consumer Protection Act, Special Order Goods, Contractual Cancellation, Repudiation, Refunds, Cancellation Charges
Commercial and Corporate Civil Procedure Consumer Protection Act Special Order Goods Contractual Cancellation Repudiation Refunds Cancellation Charges

Case Brief

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Parties

Alouise Adlam

Appellant

Fabri South Africa (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Court a Quo

Legal Issues

  1. 1 Whether the Consumer Protection Act (CPA) applies to the agreements between the parties.
  2. 2 Whether the goods in question constitute 'special-order goods' under the CPA.
  3. 3 Whether the appellant was entitled to cancel the agreements and claim a refund under section 17 of the CPA.

Ratio Decidendi

The court found that the goods ordered by the appellant were 'special-order goods' as defined in section 1 of the Consumer Protection Act, having been designed and created specifically to satisfy her requirements. Consequently, section 17 of the CPA, which allows for cancellation and refund except in the case of special-order goods, was not applicable. The appellant's cancellation of the agreements was therefore not lawful under the CPA and constituted a repudiation of the contracts. The respondent was entitled, under the clear wording of the agreements, to retain the amounts paid and was not obliged to refund the appellant except in the event of its own breach, which had not occurred....

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.