Corporate Options CC t/a Rite Site v Transvaal Association for Care ofCerebral Palsy (00/8849) [2000] ZAGPHC 28 (1 November 2000)

Corporate Options CC t/a Rite Site v Transvaal Association for Care ofCerebral Palsy (00/8849) [2000] ZAGPHC 28 (1 November 2000)

The court found that the agreement between the parties did not contain a tacit or implied term allowing for the consideration of an internal appeal within the municipal authority after the initial refusal of permission. The urgency reflected in the agreement, particularly the requirement for the lessee to apply 'forthwith' for permission, indicated that the parties did not intend to allow for extended time to pursue an appeal. The law regarding implied terms is clear: a term can only be implied if it is necessary to give business efficacy to the contract and if both parties would have agreed to its inclusion. In this case, the court was not satisfied that both parties had concurred at the...

Citation
[2000] ZAGPHC 28
Parties
Applicant: Corporate Options CC t/a Rite Site; Respondent: Transvaal Association for Care of Cerebral Palsy
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
1 November 2000
Case Number
00/8849
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Willis
Legal Topics
Implied Terms, Leave to Appeal, Contractual Conditions
Commercial and Corporate Civil Procedure Implied Terms Leave to Appeal Contractual Conditions

Case Brief

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Parties

Corporate Options CC t/a Rite Site

Applicant

Transvaal Association for Care of Cerebral Palsy

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the agreement between the parties contained a tacit or implied term allowing for the consideration of an internal municipal appeal after initial refusal of permission.
  2. 2 Whether a reasonable time for fulfilment of the condition included time for the municipality to reconsider its original decision.
  3. 3 Whether there are reasonable prospects of success on appeal.

Ratio Decidendi

The court found that the agreement between the parties did not contain a tacit or implied term allowing for the consideration of an internal appeal within the municipal authority after the initial refusal of permission. The urgency reflected in the agreement, particularly the requirement for the lessee to apply 'forthwith' for permission, indicated that the parties did not intend to allow for extended time to pursue an appeal. The law regarding implied terms is clear: a term can only be implied if it is necessary to give business efficacy to the contract and if both parties would have agreed to its inclusion. In this case, the court was not satisfied that both parties had concurred at the...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application, including the costs of two counsel.