Coopers & Lybrand and Others v Bryant (459/93) [1995] ZASCA 64; 1995 (3) SA 761 (AD); [1995] 2 All SA 635 (A) (30 May 1995)

Coopers & Lybrand and Others v Bryant (459/93) [1995] ZASCA 64; 1995 (3) SA 761 (AD); [1995] 2 All SA 635 (A) (30 May 1995)

The Supreme Court of Appeal held that the deed of cession executed by Mr Bryant in favour of Standard Bank was intended to provide continuing security for banking facilities related to his trading business, not his personal affairs. The language of the cession, when interpreted in context and considering the background circumstances, referred only to business debts and claims arising from the trading business. The phrase 'and other debts and claims of whatsoever nature' did not extend to personal claims such as the one against the appellants. Therefore, Mr Bryant retained locus standi to pursue his claim against the appellants, and the cession did not divest him of this right.

Citation
[1995] ZASCA 64
Parties
Appellant: Coopers & Lybrand; Appellant: Coopers Theron Du Toit; Appellant: Coopers & Lybrand Services (Pty) Ltd; Respondent: Rolf Anthony Bryant
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1995
Case Number
459/93
Procedural Posture
Civil Appeal / Appeal From East London Circuit Court; Special Plea Dismissed; Leave to Appeal Granted
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Joubert, EM Grosskopf, Steyn, Nienaber, Howie
Legal Topics
Cession of Claims, Interpretation of Contracts, Locus Standi, In Securitatem Debiti
Civil Procedure Commercial and Corporate Cession of Claims Interpretation of Contracts Locus Standi In Securitatem Debiti

Case Brief

Summary, issues, holding and outcome

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Parties

Coopers & Lybrand

Appellant

Coopers Theron Du Toit

Appellant

Coopers & Lybrand Services (Pty) Ltd

Appellant

Rolf Anthony Bryant

Respondent

Procedural Posture

Civil Appeal / Appeal From East London Circuit Court; Special Plea Dismissed; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the deed of cession executed by Mr Bryant in favour of Standard Bank divested him of locus standi to institute the present action against the appellants.
  2. 2 Whether the terms of the deed of cession are broad enough to encompass Mr Bryant's claim against the appellants.

Ratio Decidendi

The Supreme Court of Appeal held that the deed of cession executed by Mr Bryant in favour of Standard Bank was intended to provide continuing security for banking facilities related to his trading business, not his personal affairs. The language of the cession, when interpreted in context and considering the background circumstances, referred only to business debts and claims arising from the trading business. The phrase 'and other debts and claims of whatsoever nature' did not extend to personal claims such as the one against the appellants. Therefore, Mr Bryant retained locus standi to pursue his claim against the appellants, and the cession did not divest him of this right.

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.