BASF Construction Chemicals South Africa (Pty) Ltd v CLF Concrete Laser Flooring (Pty) Ltd; In re: CLF Concrete Laser Flooring (Pty) Ltd v Urochem Trading (Pty) Ltd (38287/2012) [2016] ZAGPJHC 40 (11 March 2016)

BASF Construction Chemicals South Africa (Pty) Ltd v CLF Concrete Laser Flooring (Pty) Ltd; In re: CLF Concrete Laser Flooring (Pty) Ltd v Urochem Trading (Pty) Ltd (38287/2012) [2016] ZAGPJHC 40 (11 March 2016)

The court held that the proposed third party has standing to oppose the application for joinder, as parties with a direct and substantial interest in litigation are entitled to be heard. The delay in bringing the application was excused, as it was not deliberate or in bad faith, and the alternative of the plaintiff suing the third party afresh would be less efficient. The court found that prescription of the proposed claim had not been established on the papers, as the third party failed to show when the debt became due and the plaintiff could not reasonably have obtained expert views earlier. There was sufficient commonality of issues between the plaintiff and the third party to justify...

Citation
[2016] ZAGPJHC 40
Parties
Applicant: BASF Construction Chemicals South Africa (Pty) Ltd; Respondent: CLF Concrete Laser Flooring (Pty) Ltd; Plaintiff: BASF Construction Chemicals South Africa (Pty) Ltd; Defendant: CLF Concrete Laser Flooring (Pty) Ltd; Third Party: Urochem Trading (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 March 2016
Case Number
38287/2012
Procedural Posture
Leave to Appeal / Application for Leave to Serve Third Party Notice After Close of Pleadings
Outcome
Leave granted to serve third party notice; costs awarded against applicant.
Judges
Van der Linde
Legal Topics
Third Party Joinder, Rule 13 Application, Delay in Application, Prescription, Costs Order
Civil Procedure Third Party Joinder Rule 13 Application Delay in Application Prescription Costs Order

Case Brief

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Parties

BASF Construction Chemicals South Africa (Pty) Ltd

Applicant

CLF Concrete Laser Flooring (Pty) Ltd

Respondent

BASF Construction Chemicals South Africa (Pty) Ltd

Plaintiff

CLF Concrete Laser Flooring (Pty) Ltd

Defendant

Urochem Trading (Pty) Ltd

Third Party

Procedural Posture

Leave to Appeal / Application for Leave to Serve Third Party Notice After Close of Pleadings

Legal Issues

  1. 1 Whether the proposed third party has standing to oppose the application for joinder.
  2. 2 Whether the delay in bringing the application for joinder is excusable.
  3. 3 Whether the plaintiff's proposed claim against the third party has prescribed.

Ratio Decidendi

The court held that the proposed third party has standing to oppose the application for joinder, as parties with a direct and substantial interest in litigation are entitled to be heard. The delay in bringing the application was excused, as it was not deliberate or in bad faith, and the alternative of the plaintiff suing the third party afresh would be less efficient. The court found that prescription of the proposed claim had not been established on the papers, as the third party failed to show when the debt became due and the plaintiff could not reasonably have obtained expert views earlier. There was sufficient commonality of issues between the plaintiff and the third party to justify...

Court Disposition

Leave granted to serve third party notice; costs awarded against applicant.

Orders

  • Leave is granted to the applicant to serve the third party notice attached to the founding affidavit as annexure 'A1' on Urochem (Pty) Ltd within ten days of this order.
  • The applicant is to pay the costs of the application, including any costs associated with the previous appearance in the matter in 2015 when it was crowded out.