Davmark Calendars (Pty) Ltd and Another v Ipex Holdings (Pty) Ltd (12989/2014) [2015] ZAGPJHC 60 (28 February 2015)

Davmark Calendars (Pty) Ltd and Another v Ipex Holdings (Pty) Ltd (12989/2014) [2015] ZAGPJHC 60 (28 February 2015)

The court found that the second agreement ('D') did not, on every reasonable interpretation, constitute a compromise barring the first plaintiff's claim under the first agreement. The exception against the first plaintiff's claim was therefore dismissed. Regarding the second plaintiff, the court held that while South African law is generally reluctant to recognise delictual claims for pure economic loss, and although it is unlikely that a legal duty should be imposed on the defendant in these circumstances, it is premature to decide this issue on exception. The facts and surrounding circumstances may be clarified at trial, and it is not appropriate to close the door to the possibility of...

Citation
[2015] ZAGPJHC 60
Parties
Plaintiff: Davmark Calendars (Pty) Ltd; Plaintiff: Davmark Diaries & Services (Pty) Ltd; Defendant: Ipex Holdings (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 February 2015
Case Number
12989/2014
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Defendant's exceptions against both plaintiffs are dismissed with costs, including costs of two counsel and supplementary submissions.
Judges
C Hartford
Legal Topics
Exception to Particulars of Claim, Compromise and Settlement, Pure Economic Loss, Wrongfulness, Negligence, Contractual Relationships
Civil Procedure Delict Commercial and Corporate Exception to Particulars of Claim Compromise and Settlement Pure Economic Loss Wrongfulness Negligence +1 more

Case Brief

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Parties

Davmark Calendars (Pty) Ltd

Plaintiff

Davmark Diaries & Services (Pty) Ltd

Plaintiff

Ipex Holdings (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the second agreement ('D') constitutes a compromise barring the first plaintiff's claim under the first agreement.
  2. 2 Whether the second plaintiff can sustain a delictual claim for pure economic loss against the defendant.
  3. 3 Whether the pleaded facts justify the imposition of a legal duty on the defendant towards the second plaintiff.

Ratio Decidendi

The court found that the second agreement ('D') did not, on every reasonable interpretation, constitute a compromise barring the first plaintiff's claim under the first agreement. The exception against the first plaintiff's claim was therefore dismissed. Regarding the second plaintiff, the court held that while South African law is generally reluctant to recognise delictual claims for pure economic loss, and although it is unlikely that a legal duty should be imposed on the defendant in these circumstances, it is premature to decide this issue on exception. The facts and surrounding circumstances may be clarified at trial, and it is not appropriate to close the door to the possibility of...

Court Disposition

Defendant's exceptions against both plaintiffs are dismissed with costs, including costs of two counsel and supplementary submissions.

Orders

  • The defendant's exceptions as against the first plaintiff and the second plaintiff are dismissed with costs.
  • Costs to include the costs of two counsel where employed, including the costs of supplementary submissions filed after oral argument.