Bellingan v Electronic Media Network Ltd (2009/35637) [2011] ZAGPJHC 230 (12 September 2011)

Bellingan v Electronic Media Network Ltd (2009/35637) [2011] ZAGPJHC 230 (12 September 2011)

The court held that the amendments sought by the plaintiff do not introduce new causes of action but rather clarify and amplify the existing claims. The actio legis Aquiliae was present in the original summons, and the essential elements of the claim for pure economic loss were pleaded. The amendments serve to ensure compliance with recent case law and do not prejudice the defendant, who was always aware of the material facts. The objections to the amendments were withdrawn except for Claim F, which the court found did not introduce a new cause of action. Accordingly, the plaintiff is granted leave to amend the particulars of claim in both consolidated cases. Costs are awarded to the...

Citation
[2011] ZAGPJHC 230
Parties
Plaintiff: Michael Bellingan; Defendant: Electronic Media Network Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 September 2011
Case Number
2009/35637
Procedural Posture
Civil Application / Application for Leave to Amend Particulars of Claim
Outcome
Leave to amend particulars of claim granted in both cases; costs awarded to plaintiff except for costs of notices of amendment.
Judges
Victor
Legal Topics
Defamation, Actio Lex Aquilia, Actio Iniuriarum, Prescription, Amendment of Pleadings, Pure Economic Loss
Delict Civil Procedure Defamation Actio Lex Aquilia Actio Iniuriarum Prescription Amendment of Pleadings Pure Economic Loss

Case Brief

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Parties

Michael Bellingan

Plaintiff

Electronic Media Network Limited

Defendant

Procedural Posture

Civil Application / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the proposed amendments to the particulars of claim introduce new causes of action that have prescribed.
  2. 2 Whether the amendments merely clarify or amplify existing causes of action.
  3. 3 Whether the actio legis Aquiliae was pleaded in the original summons.

Ratio Decidendi

The court held that the amendments sought by the plaintiff do not introduce new causes of action but rather clarify and amplify the existing claims. The actio legis Aquiliae was present in the original summons, and the essential elements of the claim for pure economic loss were pleaded. The amendments serve to ensure compliance with recent case law and do not prejudice the defendant, who was always aware of the material facts. The objections to the amendments were withdrawn except for Claim F, which the court found did not introduce a new cause of action. Accordingly, the plaintiff is granted leave to amend the particulars of claim in both consolidated cases. Costs are awarded to the...

Court Disposition

Leave to amend particulars of claim granted in both cases; costs awarded to plaintiff except for costs of notices of amendment.

Orders

  • In case no 09/35637 the plaintiff is granted leave to amend his particulars of claim as set out in the notice in terms of Rule 28(1) dated 11 August 2011.
  • In case no 03/24137 the plaintiff is granted leave to amend his particulars of claim as set out in the notice in terms of Rule 28(1) dated 11 August 2011.