Buys v Dr PA Minaar and Associate 99 Ing and Others (1272/2015) [2016] ZAFSHC 122 (11 August 2016)

Buys v Dr PA Minaar and Associate 99 Ing and Others (1272/2015) [2016] ZAFSHC 122 (11 August 2016)

The court found that the first respondent is a necessary party because it is directly and substantially interested in the issues raised, having undertaken to indemnify the trust against claims arising from injuries on the premises. The applicant only became aware of the lease and indemnity agreement after the amended plea was filed. Joinder would avoid unnecessary duplication of proceedings and promote convenience and common sense. The court exercised its discretion to grant the joinder, noting that any prejudice to the company could be remedied by an appropriate costs order. The costs of the application were ordered to be costs in the action, as requested by the applicant and not opposed...

Citation
[2016] ZAFSHC 122
Parties
Applicant: M Buys; Respondent: Dr PA Minnaar & Associate 99 Ing; Respondent: Leon Van Aswegen; Respondent: Georgina Mary-Ann; Respondent: Elizabeth Halliday; Respondent: William Nthony Orroc; Respondent: Elana Van Der Merwe; Respondent: Georgina Mary-Ann Elizabeth Halliday N.O.; Respondent: William Anthony Orrock N.O.; Respondent: Elana Van Der Merwe N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
11 August 2016
Case Number
1272/2015
Procedural Posture
Joinder Application / Application for Joinder of First Respondent as Defendant
Outcome
Application for joinder of the first respondent as defendant granted.
Judges
CJ Musi
Legal Topics
Joinder of Parties, Vicarious Liability, Contributory Negligence, Indemnity, Discretion of Court
Civil Procedure Delict Joinder of Parties Vicarious Liability Contributory Negligence Indemnity Discretion of Court

Case Brief

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Parties

M Buys

Applicant

Dr PA Minnaar & Associate 99 Ing

Respondent

Leon Van Aswegen

Respondent

Georgina Mary-Ann

Respondent

Elizabeth Halliday

Respondent

William Nthony Orroc

Respondent

Elana Van Der Merwe

Respondent

Georgina Mary-Ann Elizabeth Halliday N.O.

Respondent

William Anthony Orrock N.O.

Respondent

Elana Van Der Merwe N.O.

Respondent

Procedural Posture

Joinder Application / Application for Joinder of First Respondent as Defendant

Legal Issues

  1. 1 Whether the first respondent should be joined as a defendant in the action.
  2. 2 Whether the first respondent is a necessary party with a direct and substantial interest in the proceedings.
  3. 3 Whether the joinder would promote convenience and avoid unnecessary duplication of proceedings.

Ratio Decidendi

The court found that the first respondent is a necessary party because it is directly and substantially interested in the issues raised, having undertaken to indemnify the trust against claims arising from injuries on the premises. The applicant only became aware of the lease and indemnity agreement after the amended plea was filed. Joinder would avoid unnecessary duplication of proceedings and promote convenience and common sense. The court exercised its discretion to grant the joinder, noting that any prejudice to the company could be remedied by an appropriate costs order. The costs of the application were ordered to be costs in the action, as requested by the applicant and not opposed...

Court Disposition

Application for joinder of the first respondent as defendant granted.

Orders

  • Paragraphs 1 and 2 of the notice of motion are granted.
  • Costs of the application are to be costs in the action.