Bluhm Burton Engineering (Pty) Ltd v Nova Risk Partners Ltd and Others (00075/08) [2010] ZAGPJHC 182 (2 December 2010)

Bluhm Burton Engineering (Pty) Ltd v Nova Risk Partners Ltd and Others (00075/08) [2010] ZAGPJHC 182 (2 December 2010)

The court held that, as it was common cause that the agreement relied upon was concluded with WSP Consulting Engineers SA (Pty) Ltd, the amendment to the citation of the second defendant was necessary to ensure that the real issues between the parties could be properly ventilated. The court further held that the costs of the application should be costs in the cause, as this was the most appropriate order in the circumstances.

Citation
[2010] ZAGPJHC 182
Parties
Plaintiff: Bluhm Burton Engineering (Pty) Ltd; Defendant: Nova Risk Partners Limited; Defendant: WSP Group SA (Pty) Limited; Defendant: Guarantee Placings (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 December 2010
Case Number
00075/08
Procedural Posture
Civil Application / Application for Amendment of Summons
Outcome
The application for amendment was granted.
Judges
Willis
Legal Topics
Amendment of Pleadings, Costs in the Cause
Civil Procedure Amendment of Pleadings Costs in the Cause

Case Brief

Summary, issues, holding and outcome

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Parties

Bluhm Burton Engineering (Pty) Ltd

Plaintiff

Nova Risk Partners Limited

Defendant

WSP Group SA (Pty) Limited

Defendant

Guarantee Placings (Pty) Limited

Defendant

Procedural Posture

Civil Application / Application for Amendment of Summons

Legal Issues

  1. 1 Whether the plaintiff should be permitted to amend the citation of the second defendant in the combined summons.
  2. 2 Whether the costs of the application should be awarded as costs in the cause.

Ratio Decidendi

The court held that, as it was common cause that the agreement relied upon was concluded with WSP Consulting Engineers SA (Pty) Ltd, the amendment to the citation of the second defendant was necessary to ensure that the real issues between the parties could be properly ventilated. The court further held that the costs of the application should be costs in the cause, as this was the most appropriate order in the circumstances.

Court Disposition

The application for amendment was granted.

Orders

  • The plaintiff’s combined summons is amended by the deletion of the word 'group' and the substitution therefor of the words 'Consulting Engineers' in the citation of the second defendant on the face of the summons and in paragraph 3 of the particulars of claim.
  • The costs of the application are to be costs in the cause.