Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005) [2007] ZAKZHC 23 (16 October 2007)

Beckham Investments (Pty) Limited v Kylekim Creators CC (2839/2005) [2007] ZAKZHC 23 (16 October 2007)

The court found that the plaintiff failed to discharge the onus of proving that the agreement required delivery into the interior of the distribution centre and a written acknowledgment from Mr. Price. The evidence established that the defendant, with the approval of Mr. Price's authorised representative, left the goods on the load platform and that arrangements were made for the paperwork to be completed when the balance of the order arrived. The conduct of the parties and the circumstances of the delivery supported the defendant's version. The plaintiff's claim for damages was therefore dismissed, and judgment was granted in favour of the defendant.

Citation
[2007] ZAKZHC 23
Parties
Plaintiff: Beckham Investments (Pty) Limited; Defendant: Kylekim Creators CC
Court
High Courts - Kwazulu Natal
Jurisdiction
South Africa
Judgment Date
16 October 2007
Case Number
2839/2005
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim dismissed; judgment granted in favour of the defendant with costs.
Judges
Swain
Legal Topics
Contractual Delivery, Proof of Performance, Damages for Breach, Allocation of Onus, Specific Performance
Commercial and Corporate Civil Procedure Contractual Delivery Proof of Performance Damages for Breach Allocation of Onus Specific Performance

Case Brief

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Parties

Beckham Investments (Pty) Limited

Plaintiff

Kylekim Creators CC

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the defendant delivered the shirts to Mr. Price in accordance with the agreement between the parties.
  2. 2 Whether the agreement required delivery into the interior of Mr. Price's distribution centre and a written acknowledgment of delivery.
  3. 3 Whether the plaintiff discharged the onus of proving the terms of delivery and the defendant's failure to deliver.

Ratio Decidendi

The court found that the plaintiff failed to discharge the onus of proving that the agreement required delivery into the interior of the distribution centre and a written acknowledgment from Mr. Price. The evidence established that the defendant, with the approval of Mr. Price's authorised representative, left the goods on the load platform and that arrangements were made for the paperwork to be completed when the balance of the order arrived. The conduct of the parties and the circumstances of the delivery supported the defendant's version. The plaintiff's claim for damages was therefore dismissed, and judgment was granted in favour of the defendant.

Court Disposition

Plaintiff's claim dismissed; judgment granted in favour of the defendant with costs.

Orders

  • Judgment is granted in favour of the defendant with costs.
  • Costs to include the wasted costs occasioned by the adjournment on 27 March 2007.