C.W v G.T (867/2021) [2023] ZASCA 23 (13 March 2023)

C.W v G.T (867/2021) [2023] ZASCA 23 (13 March 2023)

The Supreme Court of Appeal held that the applicant's particulars of claim, which allege fraudulent misrepresentation inducing marriage and resulting in pure economic loss, are sufficient to disclose a cause of action in delict. The high court erred in upholding the exception, as it failed to accept the applicant's factual averments as true and improperly relied on policy considerations that do not bar such claims. Fraudulent misrepresentation is prima facie wrongful, and public policy does not shield the respondent from liability for intentional fraud. The risk of indeterminate liability is not present on the facts, as the applicant's claim is finite and delineated. The issue of whether...

Citation
[2023] ZASCA 23
Parties
Applicant: C W; Respondent: G T
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
13 March 2023
Case Number
867/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Appeal Against Upholding of Exception
Outcome
Application for leave to appeal granted; appeal upheld; exceptions to the applicant's claims under the lex aquilia and actio iniuriarum dismissed with costs; costs orders set aside and costs to be costs in the action.
Judges
Molemela, Makgoka, Hughes, Mjali, Siwendu
Legal Topics
Fraudulent Misrepresentation, Pure Economic Loss, Lex Aquilia, Exception Procedure, Wrongfulness, Marital Property Regime
Delict Family and Children Civil Procedure Fraudulent Misrepresentation Pure Economic Loss Lex Aquilia Exception Procedure Wrongfulness +1 more

Case Brief

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Parties

C W

Applicant

G T

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Appeal Against Upholding of Exception

Legal Issues

  1. 1 Whether a fraudulent misrepresentation inducing marriage and resulting in pure economic loss is actionable under the lex aquilia.
  2. 2 Whether the applicant's particulars of claim disclose a cause of action for patrimonial damages based on alleged fraud.
  3. 3 Whether public and legal policy considerations justify extending Aquilian liability to the facts of this case.

Ratio Decidendi

The Supreme Court of Appeal held that the applicant's particulars of claim, which allege fraudulent misrepresentation inducing marriage and resulting in pure economic loss, are sufficient to disclose a cause of action in delict. The high court erred in upholding the exception, as it failed to accept the applicant's factual averments as true and improperly relied on policy considerations that do not bar such claims. Fraudulent misrepresentation is prima facie wrongful, and public policy does not shield the respondent from liability for intentional fraud. The risk of indeterminate liability is not present on the facts, as the applicant's claim is finite and delineated. The issue of whether...

Court Disposition

Application for leave to appeal granted; appeal upheld; exceptions to the applicant's claims under the lex aquilia and actio iniuriarum dismissed with costs; costs orders set aside and costs to be costs in the action.

Orders

  • The application for leave to appeal is granted.
  • The appeal is upheld with costs.