BDM Staffing (Pty) Limited v M A Automotive Tool & Die (Pty) Limited (28811/2016) [2016] ZAGPPHC 643 (27 July 2016)

BDM Staffing (Pty) Limited v M A Automotive Tool & Die (Pty) Limited (28811/2016) [2016] ZAGPPHC 643 (27 July 2016)

The court found that the issues raised by the defendant, including the alleged impossibility of performance, are genuine and require proper examination at trial. As such, the application for summary judgment could not be granted, as the defendant demonstrated the existence of triable issues that preclude summary disposal of the matter.

Citation
[2016] ZAGPPHC 643
Parties
Plaintiff: BDM Staffing (Pty) Limited; Defendant: M A Automotive Tool & Die (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
27 July 2016
Case Number
28811/2016
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Application for summary judgment dismissed; costs reserved.
Judges
M Mbongwe
Legal Topics
Summary Judgment, Impossibility of Performance
Civil Procedure Summary Judgment Impossibility of Performance

Case Brief

Summary, issues, holding and outcome

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Parties

BDM Staffing (Pty) Limited

Plaintiff

M A Automotive Tool & Die (Pty) Limited

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment against the defendant.
  2. 2 Whether the alleged impossibility of performance constitutes a triable issue.

Ratio Decidendi

The court found that the issues raised by the defendant, including the alleged impossibility of performance, are genuine and require proper examination at trial. As such, the application for summary judgment could not be granted, as the defendant demonstrated the existence of triable issues that preclude summary disposal of the matter.

Court Disposition

Application for summary judgment dismissed; costs reserved.

Orders

  • The application for summary judgment is dismissed.
  • The costs of the application are reserved.