Big Concerts International (Pty) Ltd and Another v Trustees of the Wrinkler Family Trust (7036/2023) [2023] ZAWCHC 310 (29 November 2023)

Big Concerts International (Pty) Ltd and Another v Trustees of the Wrinkler Family Trust (7036/2023) [2023] ZAWCHC 310 (29 November 2023)

The court held that the amended particulars of claim disclose a cause of action in support of the declaratory relief sought regarding prescription. The plaintiff pleaded that it only became aware of the overbilling in August 2020 and that a reasonable person could not have ascertained the overbilling prior to that date. The summons was issued within three years of acquiring such knowledge, satisfying the requirements of the Prescription Act. The relief sought is competent and does not contravene the Prescription Act. The particulars of claim set out sufficient material facts to enable the defendant to respond, and the grounds of exception relating to prescription are not sustainable. The...

Citation
[2023] ZAWCHC 310
Parties
Plaintiff: Big Concerts International (Pty) Ltd; Plaintiff: Justin van Wyk; Defendant: Trustees of the Winkler Family Trust
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
29 November 2023
Case Number
7036/2023
Procedural Posture
Exception Application / Ruling on Exception to Amended Particulars of Claim
Outcome
Exception dismissed in respect of prayer (a); costs awarded as specified.
Judges
Pillay AJ
Legal Topics
Exception to Pleadings, Prescription Act, Declaratory Relief, Cause of Action, Pleading Requirements
Civil Procedure Exception to Pleadings Prescription Act Declaratory Relief Cause of Action Pleading Requirements

Case Brief

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Parties

Big Concerts International (Pty) Ltd

Plaintiff

Justin van Wyk

Plaintiff

Trustees of the Winkler Family Trust

Defendant

Procedural Posture

Exception Application / Ruling on Exception to Amended Particulars of Claim

Legal Issues

  1. 1 Whether the amended particulars of claim disclose a cause of action in respect of the declaratory relief sought regarding prescription.
  2. 2 Whether the claim for overcharging of electricity for the period 2007 to 2017 has prescribed under the Prescription Act.
  3. 3 Whether the particulars of claim comply with Rule 18(4) and common law pleading requirements.

Ratio Decidendi

The court held that the amended particulars of claim disclose a cause of action in support of the declaratory relief sought regarding prescription. The plaintiff pleaded that it only became aware of the overbilling in August 2020 and that a reasonable person could not have ascertained the overbilling prior to that date. The summons was issued within three years of acquiring such knowledge, satisfying the requirements of the Prescription Act. The relief sought is competent and does not contravene the Prescription Act. The particulars of claim set out sufficient material facts to enable the defendant to respond, and the grounds of exception relating to prescription are not sustainable. The...

Court Disposition

Exception dismissed in respect of prayer (a); costs awarded as specified.

Orders

  • The grounds of exception in relation to prayer (a) are dismissed.
  • The defendant/excipient is ordered to pay the costs of the exception relating to prayer (a).