Beattie v Latjieskloof Beleggings (Pty) Ltd (1432/2017) [2017] ZAECPEHC 33 (30 June 2017)

Beattie v Latjieskloof Beleggings (Pty) Ltd (1432/2017) [2017] ZAECPEHC 33 (30 June 2017)

The court found that the defendant failed to set out facts which, if proved at trial, would constitute a valid defence in law to the plaintiff's claim for sales commission. The defendant's affidavit was vague and did not disclose the prevailing company policy or quantify the work performed by other staff after the plaintiff's resignation. It was common cause that all relevant property sales were concluded prior to the plaintiff's resignation, and the defendant's assertion that other staff finalized registrations was unsupported by sufficient detail. Accordingly, the plaintiff was entitled to summary judgment for the sales commission claimed. However, the defendant established a bona fide...

Citation
[2017] ZAECPEHC 33
Parties
Plaintiff: Kay Beattie; Defendant: Latjieskloof Beleggings (Pty) Limited
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
30 June 2017
Case Number
1432/2017
Procedural Posture
Summary Judgment Application / Application for Summary Judgment
Outcome
Summary judgment granted in favour of the plaintiff for sales commission; defendant granted leave to defend the claim for building commissions; costs awarded on magistrates' court scale.
Judges
J W Eksteen
Legal Topics
Summary Judgment, Commission Claim, Employment Contract, Magistrates Court Jurisdiction
Civil Procedure Commercial and Corporate Summary Judgment Commission Claim Employment Contract Magistrates Court Jurisdiction

Case Brief

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Parties

Kay Beattie

Plaintiff

Latjieskloof Beleggings (Pty) Limited

Defendant

Procedural Posture

Summary Judgment Application / Application for Summary Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for sales commission allegedly earned during her employment with the defendant.
  2. 2 Whether the defendant has disclosed a bona fide defence to the claim for building commissions.
  3. 3 Whether the defendant's affidavit sets out sufficient facts to constitute a valid defence in law to the plaintiff's claim for sales commission.

Ratio Decidendi

The court found that the defendant failed to set out facts which, if proved at trial, would constitute a valid defence in law to the plaintiff's claim for sales commission. The defendant's affidavit was vague and did not disclose the prevailing company policy or quantify the work performed by other staff after the plaintiff's resignation. It was common cause that all relevant property sales were concluded prior to the plaintiff's resignation, and the defendant's assertion that other staff finalized registrations was unsupported by sufficient detail. Accordingly, the plaintiff was entitled to summary judgment for the sales commission claimed. However, the defendant established a bona fide...

Court Disposition

Summary judgment granted in favour of the plaintiff for sales commission; defendant granted leave to defend the claim for building commissions; costs awarded on magistrates' court scale.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R98,975.46 as and for erf commission.
  • The defendant is granted leave to defend the plaintiff's claim in respect of building commissions.