Chambers v Burger (EL 632/2009, ECD 2432/09) [2012] ZAECELLC 2 (9 March 2012)

Chambers v Burger (EL 632/2009, ECD 2432/09) [2012] ZAECELLC 2 (9 March 2012)

The court found that the plaintiff's introduction of Mahanjana to the defendant's property initiated the department's internal processes, which ultimately led to the sale of the farm to the government. Despite the lapse of the initial agreement and the change in financing models from LRAD to PLAS, the causal chain remained unbroken, as the same beneficiary, price, and seller were involved throughout. The defendant's instructions not to revise the offer and his continued engagement with the plaintiff and her associate supported the finding that the plaintiff's actions were the predominant cause of the sale. The inclusion of a commission clause in the final deed of sale further indicated...

Citation
[2012] ZAECELLC 2
Parties
Plaintiff: Anne Rosemarie Chambers; Defendant: Theodore Ervine Burger
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
9 March 2012
Case Number
EL 632/2009, ECD 2432/09
Procedural Posture
Civil Trial / Judgment After Trial
Outcome
Plaintiff's claim for commission succeeds; defendant is ordered to pay commission and costs.
Judges
Hartle
Legal Topics
Estate Agents Commission, Effective Cause of Sale, Land Reform, Oral Mandate, Causality in Contract, Land Reform Provision of Land and Assistance Act
Commercial and Corporate Land and Property Estate Agents Commission Effective Cause of Sale Land Reform Oral Mandate Causality in Contract Land Reform Provision of Land and Assistance Act

Case Brief

Summary, issues, holding and outcome

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Parties

Anne Rosemarie Chambers

Plaintiff

Theodore Ervine Burger

Defendant

Procedural Posture

Civil Trial / Judgment After Trial

Legal Issues

  1. 1 Whether the plaintiff, as estate agent, was the effective cause of the sale of the defendant's property to the government and thus entitled to commission.
  2. 2 Whether the oral mandate given to the plaintiff was performed in terms of its requirements.
  3. 3 Whether intervening events or parties broke the causal chain between the plaintiff's introduction and the eventual sale.

Ratio Decidendi

The court found that the plaintiff's introduction of Mahanjana to the defendant's property initiated the department's internal processes, which ultimately led to the sale of the farm to the government. Despite the lapse of the initial agreement and the change in financing models from LRAD to PLAS, the causal chain remained unbroken, as the same beneficiary, price, and seller were involved throughout. The defendant's instructions not to revise the offer and his continued engagement with the plaintiff and her associate supported the finding that the plaintiff's actions were the predominant cause of the sale. The inclusion of a commission clause in the final deed of sale further indicated...

Court Disposition

Plaintiff's claim for commission succeeds; defendant is ordered to pay commission and costs.

Orders

  • The defendant is to pay commission to the plaintiff in the sum of 542,640.00 (inclusive of VAT), together with interest thereon at the legal rate calculated from 19 May 2009 to date of payment.
  • The defendant is to pay the plaintiff's costs of the action.