Collett v Marais (39970/2015) [2018] ZAGPPHC 511 (1 June 2018)

Collett v Marais (39970/2015) [2018] ZAGPPHC 511 (1 June 2018)

The court found that an oral agreement was concluded between the parties on 3 November 2014, as evidenced by the applicant's email, subsequent payments, and the conduct of both parties. The respondent's version was rejected as implausible and unsupported by the facts. The agreement was not subject to a suspensive condition requiring reduction to writing and signature, as there was no clear evidence of such intention. The applicant was entitled to payment of the outstanding purchase price and interest a tempore morae as damages for breach, despite the absence of an express interest clause in the oral agreement.

Citation
[2018] ZAGPPHC 511
Parties
Applicant: Jacqueline-Anne Collett; Respondent: Raymond Marais
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2018
Case Number
39970/2015
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted. Judgment for the applicant for the outstanding purchase price and interest.
Judges
Dodson
Legal Topics
Oral Contract, Sale of Shares, Specific Performance, Mora Interest, Contractual Conditions
Commercial and Corporate Oral Contract Sale of Shares Specific Performance Mora Interest Contractual Conditions

Case Brief

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Parties

Jacqueline-Anne Collett

Applicant

Raymond Marais

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether an oral agreement for the sale of shares was concluded between the parties on 3 November 2014.
  2. 2 Whether the oral agreement was subject to a suspensive condition requiring reduction to writing and signature before becoming binding.
  3. 3 Whether the respondent is liable for payment of the outstanding purchase price and interest.

Ratio Decidendi

The court found that an oral agreement was concluded between the parties on 3 November 2014, as evidenced by the applicant's email, subsequent payments, and the conduct of both parties. The respondent's version was rejected as implausible and unsupported by the facts. The agreement was not subject to a suspensive condition requiring reduction to writing and signature, as there was no clear evidence of such intention. The applicant was entitled to payment of the outstanding purchase price and interest a tempore morae as damages for breach, despite the absence of an express interest clause in the oral agreement.

Court Disposition

Application granted. Judgment for the applicant for the outstanding purchase price and interest.

Orders

  • The respondent is ordered to pay the applicant an amount of R1 470 000.
  • The respondent is ordered to pay the applicant an amount of R270 000, payable monthly in instalments of R30 000 commencing on 15 June 2018.