Chatz Cellular (Pty) Ltd v Cellular Corporate Suite (Pty) Ltd (53330/2019) [2024] ZAGPPHC 700 (28 June 2024)

Chatz Cellular (Pty) Ltd v Cellular Corporate Suite (Pty) Ltd (53330/2019) [2024] ZAGPPHC 700 (28 June 2024)

The court found that the plaintiff failed to provide a full and reasonable explanation for its delays and disregard of court orders and rules. The plaintiff did not act with reasonable promptitude, failed to launch necessary applications timeously, and did not provide admissible evidence supporting its claim. The notice of bar was effective, and the plaintiff's subsequent notices of intention to amend were irregular as they were filed while under bar. The application to uplift the bar was dismissed, the Rule 30/30A application was granted, and the particulars of claim were struck out. The plaintiff's conduct justified punitive costs orders on the attorney and client scale.

Citation
[2024] ZAGPPHC 700
Parties
Defendant: Chatz Cellular (Pty) Ltd; Plaintiff: Cellular Corporate Suite (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 June 2024
Case Number
53330/2019
Procedural Posture
Civil Interlocutory / Judgment on Three Interlocutory Applications: Upliftment of Bar, Rule 30/30 a Irregular Step, and Dismissal Application
Outcome
All three interlocutory applications by the defendant are granted. The plaintiff's applications are dismissed. The particulars of claim are struck out and the action is dismissed with costs on an attorney and client scale.
Judges
DM Leathern
Legal Topics
Upliftment of Bar, Rule 30 Irregular Step, Amendment of Pleadings, Condonation, Costs Orders
Civil Procedure Upliftment of Bar Rule 30 Irregular Step Amendment of Pleadings Condonation Costs Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Chatz Cellular (Pty) Ltd

Defendant

Cellular Corporate Suite (Pty) Ltd

Plaintiff

Procedural Posture

Civil Interlocutory / Judgment on Three Interlocutory Applications: Upliftment of Bar, Rule 30/30 a Irregular Step, and Dismissal Application

Legal Issues

  1. 1 Whether the plaintiff established good cause for the upliftment of the notice of bar.
  2. 2 Whether the plaintiff's notice of intention to amend was validly filed while under bar.
  3. 3 Whether the defendant is entitled to have the particulars of claim struck out and the action dismissed.

Ratio Decidendi

The court found that the plaintiff failed to provide a full and reasonable explanation for its delays and disregard of court orders and rules. The plaintiff did not act with reasonable promptitude, failed to launch necessary applications timeously, and did not provide admissible evidence supporting its claim. The notice of bar was effective, and the plaintiff's subsequent notices of intention to amend were irregular as they were filed while under bar. The application to uplift the bar was dismissed, the Rule 30/30A application was granted, and the particulars of claim were struck out. The plaintiff's conduct justified punitive costs orders on the attorney and client scale.

Court Disposition

All three interlocutory applications by the defendant are granted. The plaintiff's applications are dismissed. The particulars of claim are struck out and the action is dismissed with costs on an attorney and client scale.

Orders

  • The plaintiff's notice of intention to amend dated 14 December 2021 is set aside.
  • The plaintiff is ordered to pay the costs of the Rule 30/30A application on the attorney and client scale, including costs reserved on 9 June 2022.