Daubern t/a Daubern Properties v Swart (8009/06) [2009] ZAGPPHC 137 (5 November 2009)

Daubern t/a Daubern Properties v Swart (8009/06) [2009] ZAGPPHC 137 (5 November 2009)

The court found that the applicant, through his agency, introduced the purchaser, Annandale of Marble Gold (Pty) Ltd, to the property both in January and May 2005. The evidence established that the applicant had a valid mandate at the time of the initial introduction and was given an open-ended oral mandate in May 2005. The applicant's actions were causally significant and remained operative until the sale was concluded, despite the passage of time and intervening negotiations. The respondent's version that other factors, such as the servitude negotiations, were the overriding cause was not supported by the evidence, and the failure to call key witnesses led to adverse inferences. The...

Citation
[2009] ZAGPPHC 137
Parties
Applicant: Anthony Gray Daubern t/a Daubern Properties; Respondent: Willem Daniel Swart
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 November 2009
Case Number
8009/06
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the applicant. The respondent is ordered to pay the applicant the sum of R560 000 plus interest and costs.
Judges
Murphy
Legal Topics
Estate Agent Commission, Effective Cause, Mandate Termination, Prescription, Oral Mandate
Commercial and Corporate Civil Procedure Estate Agent Commission Effective Cause Mandate Termination Prescription Oral Mandate

Case Brief

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Parties

Anthony Gray Daubern t/a Daubern Properties

Applicant

Willem Daniel Swart

Respondent

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was the effective cause of the sale and entitled to commission.
  2. 2 Whether the written mandate was validly cancelled or expired.
  3. 3 Whether an oral mandate was granted to the plaintiff after the written mandate expired.

Ratio Decidendi

The court found that the applicant, through his agency, introduced the purchaser, Annandale of Marble Gold (Pty) Ltd, to the property both in January and May 2005. The evidence established that the applicant had a valid mandate at the time of the initial introduction and was given an open-ended oral mandate in May 2005. The applicant's actions were causally significant and remained operative until the sale was concluded, despite the passage of time and intervening negotiations. The respondent's version that other factors, such as the servitude negotiations, were the overriding cause was not supported by the evidence, and the failure to call key witnesses led to adverse inferences. The...

Court Disposition

Judgment for the applicant. The respondent is ordered to pay the applicant the sum of R560 000 plus interest and costs.

Orders

  • The defendant is ordered to pay the plaintiff the sum of R560 000 together with interest at a rate of 15.5% a tempore morae.
  • The defendant is ordered to pay the costs of the action, including the costs occasioned by the postponement of the proceedings on 9 February 2009.