Corporate Finance Solutions (Pty) Ltd v Hope Restoration Ministries (2009/8872) [2013] ZAGPJHC 68 (6 March 2013)

Corporate Finance Solutions (Pty) Ltd v Hope Restoration Ministries (2009/8872) [2013] ZAGPJHC 68 (6 March 2013)

The court held that the proposed amendment does not introduce a new cause of action but merely alters the basis of the plaintiff's locus standi. The issue of prescription, if it arises, should be raised by way of a special plea in the main action and is not appropriate for determination at the amendment stage. The defendant's opposition to the amendment was found to be unreasonable, as the grounds for objection lacked merit from the outset. Accordingly, the plaintiff was granted leave to amend its declaration, and the defendant was ordered to pay the costs of the application.

Citation
[2013] ZAGPJHC 68
Parties
Plaintiff: Corporate Finance Solutions (Pty) Ltd; Defendant: Hope Restoration Ministries
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 March 2013
Case Number
2009/8872
Procedural Posture
Application to Amend / Application for Leave to Amend Declaration Under Rule 28(4)
Outcome
Plaintiff's application for leave to amend its declaration is granted; defendant to pay costs.
Judges
FHD Van Oosten
Legal Topics
Amendment of Pleadings, Locus Standi, Prescription, Rule 28
Civil Procedure Amendment of Pleadings Locus Standi Prescription Rule 28

Case Brief

Summary, issues, holding and outcome

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Parties

Corporate Finance Solutions (Pty) Ltd

Plaintiff

Hope Restoration Ministries

Defendant

Procedural Posture

Application to Amend / Application for Leave to Amend Declaration Under Rule 28(4)

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend its declaration to alter the basis of its locus standi.
  2. 2 Whether the proposed amendment introduces a new cause of action.
  3. 3 Whether the issue of prescription should be decided at this stage of proceedings.

Ratio Decidendi

The court held that the proposed amendment does not introduce a new cause of action but merely alters the basis of the plaintiff's locus standi. The issue of prescription, if it arises, should be raised by way of a special plea in the main action and is not appropriate for determination at the amendment stage. The defendant's opposition to the amendment was found to be unreasonable, as the grounds for objection lacked merit from the outset. Accordingly, the plaintiff was granted leave to amend its declaration, and the defendant was ordered to pay the costs of the application.

Court Disposition

Plaintiff's application for leave to amend its declaration is granted; defendant to pay costs.

Orders

  • The plaintiff is granted leave to amend its declaration as set out in the notice of intention to amend dated 4 July 2012.
  • The defendant is ordered to pay the costs of the application to amend.