Anglo American Inyosi Coal (Pty) Ltd v Mine Gunting CC In re. Mine Gunting CC v Anglo American Inyosi Coal (43858/2016) [2017] ZAGPPHC 534 (28 August 2017)

Anglo American Inyosi Coal (Pty) Ltd v Mine Gunting CC In re. Mine Gunting CC v Anglo American Inyosi Coal (43858/2016) [2017] ZAGPPHC 534 (28 August 2017)

The court found that the plaintiff's particulars of claim were deficient in several respects. The plaintiff failed to plead essential facts regarding the acceptance of the alleged repudiation, the basis for claiming both damages and loss of profits, and the entitlement to VAT. The claims for special damages were not substantiated with sufficient detail regarding calculation, entitlement, or connection to the breach. These deficiencies rendered the particulars of claim vague and embarrassing, prejudicing the defendant's ability to plead. The exception was accordingly upheld, and the plaintiff was granted leave to amend its particulars of claim within ten days.

Citation
[2017] ZAGPPHC 534
Parties
Defendant: Anglo American Inyosi Coal (Pty) Ltd; Plaintiff: Mine Gunting CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 August 2017
Case Number
43858/2016
Procedural Posture
Exception Application / Exception to Particulars of Claim; Unopposed Motion
Outcome
Exception upheld; plaintiff granted leave to amend particulars of claim; costs awarded against plaintiff.
Judges
TM Makgoka
Legal Topics
Exception to Particulars of Claim, Breach of Contract, Damages Quantification, Vague and Embarrassing Pleading
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Breach of Contract Damages Quantification Vague and Embarrassing Pleading

Case Brief

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Parties

Anglo American Inyosi Coal (Pty) Ltd

Defendant

Mine Gunting CC

Plaintiff

Procedural Posture

Exception Application / Exception to Particulars of Claim; Unopposed Motion

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose sufficient facts to sustain a cause of action for damages arising from breach of contract.
  2. 2 Whether the particulars of claim are vague and embarrassing, preventing the defendant from properly pleading.
  3. 3 Whether the plaintiff has adequately pleaded special damages and the basis for claiming VAT and loss of profits.

Ratio Decidendi

The court found that the plaintiff's particulars of claim were deficient in several respects. The plaintiff failed to plead essential facts regarding the acceptance of the alleged repudiation, the basis for claiming both damages and loss of profits, and the entitlement to VAT. The claims for special damages were not substantiated with sufficient detail regarding calculation, entitlement, or connection to the breach. These deficiencies rendered the particulars of claim vague and embarrassing, prejudicing the defendant's ability to plead. The exception was accordingly upheld, and the plaintiff was granted leave to amend its particulars of claim within ten days.

Court Disposition

Exception upheld; plaintiff granted leave to amend particulars of claim; costs awarded against plaintiff.

Orders

  • The defendant's first to eighth grounds of exception as contained in its notice of exception dated 9 December 2016 are upheld.
  • The plaintiff is granted leave to seek amendment of its particulars of claim within ten days of service of this order.