Clifford v Erinvale Country Estate Home Owners Association (A 363/2009) [2012] ZAWCHC 28 (17 April 2012)

Clifford v Erinvale Country Estate Home Owners Association (A 363/2009) [2012] ZAWCHC 28 (17 April 2012)

The court found that the respondent's letter of 8 May 2001 did not objectively convey that the appellant was not a fit, proper, or qualified person to represent his clients. The letter merely stated that there had been a breakdown in the relationship and that it would be counterproductive to deal with the appellant directly, without attributing blame or casting aspersions on his professional abilities. The appellant's own evidence confirmed that the letter did not assign responsibility for the collapse, and he continued to complete contracts for most clients after the letter was sent. The court held that the magistrate erred by applying subjective considerations rather than the required...

Citation
[2012] ZAWCHC 28
Parties
Appellant: Peter Clifford; Respondent: Erinvale Country Estate Home Owners Association
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
17 April 2012
Case Number
A 363/2009
Procedural Posture
Civil Appeal / Cross Appeal Against Magistrate's Decision
Outcome
Cross-appeal allowed. Magistrate's order altered to dismiss the plaintiff's claim with costs, including costs of the application for absolution from the instance.
Judges
M I Samela, J I Cloete
Legal Topics
Defamation, Wrongful Publication, Damages, Costs Award
Delict Civil Procedure Defamation Wrongful Publication Damages Costs Award

Case Brief

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Parties

Peter Clifford

Appellant

Erinvale Country Estate Home Owners Association

Respondent

Procedural Posture

Civil Appeal / Cross Appeal Against Magistrate's Decision

Legal Issues

  1. 1 Whether the respondent's letter of 8 May 2001 to the appellant's clients was defamatory of the appellant.
  2. 2 Whether the appellant proved the elements of defamation as required by law.
  3. 3 Whether the magistrate correctly applied the objective test for defamation.

Ratio Decidendi

The court found that the respondent's letter of 8 May 2001 did not objectively convey that the appellant was not a fit, proper, or qualified person to represent his clients. The letter merely stated that there had been a breakdown in the relationship and that it would be counterproductive to deal with the appellant directly, without attributing blame or casting aspersions on his professional abilities. The appellant's own evidence confirmed that the letter did not assign responsibility for the collapse, and he continued to complete contracts for most clients after the letter was sent. The court held that the magistrate erred by applying subjective considerations rather than the required...

Court Disposition

Cross-appeal allowed. Magistrate's order altered to dismiss the plaintiff's claim with costs, including costs of the application for absolution from the instance.

Orders

  • The plaintiff's claim is dismissed with costs, such costs to include the defendant's application for absolution from the instance at the close of the plaintiff's case.