Canton Trading 17 (Pty) Ltd v Hattingh NO (1293/2018) [2019] ZAFSHC 250 (10 December 2019)

Canton Trading 17 (Pty) Ltd v Hattingh NO (1293/2018) [2019] ZAFSHC 250 (10 December 2019)

The court found that the appellant's denial of the existence of an agreement did not create a genuine dispute of fact and was not credible. The court a quo was entitled to reject the appellant's version and refer the dispute to arbitration, as the parties had acted in accordance with the Service Provider Agreement and its arbitration clause. The discretion exercised by the court a quo was judicial and in accordance with the applicable legal principles. The appellant failed to demonstrate any misdirection or error warranting appellate interference. The appeal was dismissed, and the order of the court a quo was confirmed, with a minor amendment to the date in the order.

Citation
[2019] ZAFSHC 250
Parties
Appellant: Canton Trading 17 (Pty) Ltd; Respondent: Fanti Bekker Hattingh N.O.
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 December 2019
Case Number
1293/2018
Procedural Posture
Civil Appeal / Appeal Against Judgment Refusing Leave to Appeal
Outcome
Appeal dismissed with costs; order of the court a quo confirmed with amendment to the date.
Judges
Naidoo, Daffue, Reinders
Legal Topics
Arbitration Agreement, Motion Proceedings, Animus Contrahendi, Dispute of Fact, Rule 6 5 G, Referral to Arbitration
Civil Procedure Commercial and Corporate Alternative Dispute Resolution Arbitration Agreement Motion Proceedings Animus Contrahendi Dispute of Fact Rule 6 5 G +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Canton Trading 17 (Pty) Ltd

Appellant

Fanti Bekker Hattingh N.O.

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment Refusing Leave to Appeal

Legal Issues

  1. 1 Whether the court a quo erred in entering the arena of conflict between the parties.
  2. 2 Whether the court a quo was justified in rejecting the appellant's version in motion proceedings.
  3. 3 Whether the court a quo misdirected itself regarding the onus and the existence of animus contrahendi.

Ratio Decidendi

The court found that the appellant's denial of the existence of an agreement did not create a genuine dispute of fact and was not credible. The court a quo was entitled to reject the appellant's version and refer the dispute to arbitration, as the parties had acted in accordance with the Service Provider Agreement and its arbitration clause. The discretion exercised by the court a quo was judicial and in accordance with the applicable legal principles. The appellant failed to demonstrate any misdirection or error warranting appellate interference. The appeal was dismissed, and the order of the court a quo was confirmed, with a minor amendment to the date in the order.

Court Disposition

Appeal dismissed with costs; order of the court a quo confirmed with amendment to the date.

Orders

  • The appeal is dismissed with costs.
  • The order of the court a quo is confirmed, save that the date of 19 October 2018 in paragraph 2 thereof is amended to read 10 January 2020.