Copper Cobalt Development Ltd v Thermo Fisher Scientific ( Johannesburg) (Pty) Ltd (07/2743) [2008] ZAGPHC 464 (8 September 2008)

Copper Cobalt Development Ltd v Thermo Fisher Scientific ( Johannesburg) (Pty) Ltd (07/2743) [2008] ZAGPHC 464 (8 September 2008)

The court found that the defendant's conduct in delivering the instrument to Rooiberg Stone, a separate entity, and accepting payment from it, objectively demonstrated a clear intention not to be bound by the oral agreement with the plaintiff. The defendant was aware that the plaintiff no longer occupied the premises and that the instrument was not delivered to the plaintiff. The evidence established, on a balance of probabilities, that the defendant repudiated the agreement. The plaintiff elected to terminate the agreement and communicated this to the defendant. As the plaintiff had paid R497,467.50 as part performance, it was entitled to restitution of this amount, together with...

Citation
[2008] ZAGPHC 464
Parties
Plaintiff: Copper Cobalt Development Limited; Defendant: Thermo Fisher Scientific (Johannesburg) (Pty) Limited; Defendant: Thermo Electron Corporation (Pty) Limited
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
8 September 2008
Case Number
07/2743
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff. The defendant is ordered to pay restitution, interest, and costs.
Judges
P.A. Meyer
Legal Topics
Repudiation of Contract, Restitution, Oral Agreement, Sale of Goods
Commercial and Corporate Repudiation of Contract Restitution Oral Agreement Sale of Goods

Case Brief

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Parties

Copper Cobalt Development Limited

Plaintiff

Thermo Fisher Scientific (Johannesburg) (Pty) Limited

Defendant

Thermo Electron Corporation (Pty) Limited

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Did the defendant repudiate the oral sale agreement with the plaintiff by delivering the instrument to a third party?
  2. 2 Is the plaintiff entitled to restitution of its part performance under the cancelled agreement?

Ratio Decidendi

The court found that the defendant's conduct in delivering the instrument to Rooiberg Stone, a separate entity, and accepting payment from it, objectively demonstrated a clear intention not to be bound by the oral agreement with the plaintiff. The defendant was aware that the plaintiff no longer occupied the premises and that the instrument was not delivered to the plaintiff. The evidence established, on a balance of probabilities, that the defendant repudiated the agreement. The plaintiff elected to terminate the agreement and communicated this to the defendant. As the plaintiff had paid R497,467.50 as part performance, it was entitled to restitution of this amount, together with...

Court Disposition

Judgment for the plaintiff. The defendant is ordered to pay restitution, interest, and costs.

Orders

  • The defendant must pay the plaintiff the sum of R497,467.50.
  • The defendant must pay interest on R497,467.50 at 15.5% per annum from 10 August 2006 until payment.