BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015) [2020] ZAFSHC 66 (24 February 2020)

BBT Electrical and Plumbing Construction and Maintenance CC t/a BBT Construction (2690/2015) [2020] ZAFSHC 66 (24 February 2020)

The applicant failed to establish a contractual or fiduciary right to demand a statement of account and debatement for all six contracts. Although two contracts contain provisions for delivery and review of statements of account, the applicant did not append these contracts or specify the relevant clauses in its application, relying only on vague references during argument. The applicant conceded that spreadsheets and statements were received but did not specify any defects or inaccuracies. The respondent provided evidence of periodic accounting and explained that final calculations depend on the return of guarantees and cancellation of the bond. The court found that the applicant did not...

Citation
[2020] ZAFSHC 66
Parties
Applicant: BBT Electrical & Plumbing Construction & Maintenance CC t/a BBT Construction; Respondent: Retmil Financial Services (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
24 February 2020
Case Number
2690/2015
Procedural Posture
Civil Application / Judgment After Opposed Application
Outcome
Application dismissed with costs.
Judges
I VAN RHYN
Legal Topics
Statement of Account, Debatement of Account, Contractual Entitlement, Fiduciary Relationship, Mortgage Bond Security, National Credit Act
Commercial and Corporate Civil Procedure Statement of Account Debatement of Account Contractual Entitlement Fiduciary Relationship Mortgage Bond Security National Credit Act

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Parties

BBT Electrical & Plumbing Construction & Maintenance CC t/a BBT Construction

Applicant

Retmil Financial Services (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the applicant is entitled to an order compelling the respondent to render a true and proper statement of account and substantiating documentation for six contracts.
  2. 2 Whether the applicant has established a contractual or fiduciary right to demand a statement of account and debatement thereof.
  3. 3 Whether the accounts and spreadsheets previously rendered by the respondent were insufficient or inaccurate.

Ratio Decidendi

The applicant failed to establish a contractual or fiduciary right to demand a statement of account and debatement for all six contracts. Although two contracts contain provisions for delivery and review of statements of account, the applicant did not append these contracts or specify the relevant clauses in its application, relying only on vague references during argument. The applicant conceded that spreadsheets and statements were received but did not specify any defects or inaccuracies. The respondent provided evidence of periodic accounting and explained that final calculations depend on the return of guarantees and cancellation of the bond. The court found that the applicant did not...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.