De Freitas and Another vs Chamdor Meat Packers (Pty) Ltd and Others (13551/2018) [2021] ZAGPJHC 506 (26 January 2021)

De Freitas and Another vs Chamdor Meat Packers (Pty) Ltd and Others (13551/2018) [2021] ZAGPJHC 506 (26 January 2021)

The court held that the applicants' particulars of claim disclosed a valid cause of action at the time of issue. The amendments sought pertain to new facts that occurred after the institution of summons but relate to the same oppression action. The respondents' objection, based solely on the timing of the new claims, is unfounded. Accepting the respondents' argument would unjustifiably preclude amendments that fall within the scope of the dispute but arise from subsequent events, leading to unnecessary delay and complication. The amendments are therefore granted.

Citation
[2021] ZAGPJHC 506
Parties
Applicant: Jose Jorge De Freitas; Applicant: Franklin Domiciano De Aguar Menezes; Respondent: Chamdor Meat Packers (Pty) Ltd; Respondent: Beefcor (Pty) Ltd; Respondent: Petrus Hendrik Troskie N.O.; Respondent: Johannes Lodiwikus Le Roux N.O.; Respondent: Cornelius Johannes Hatem N.O.; Respondent: Hendrik Lambertus Johannes Moulder; Respondent: Erenscha Aletta Erasmus N.O.; Respondent: Malcolm Joseph Farquharson; Respondent: Petrus Hendrik Troskie; Respondent: Casparus Jan Hendrik Wessels; Respondent: Johan Robins Watson; Respondent: Hermanus Abraham Van Staden; Respondent: Wessel Johannes Muller; Respondent: Troskie & De Wet CC; Respondent: Ring Dryer Investments (Pty) Ltd; Respondent: Gauteng Meat Inspection Services CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
26 January 2021
Case Number
13551/2018
Procedural Posture
Interlocutory Application / Application for Leave to Amend Particulars of Claim
Outcome
Application for leave to amend particulars of claim granted; respondents to pay costs of opposition.
Judges
G Rome
Legal Topics
Amendment of Pleadings, Oppression Remedies, Minority Shareholder Rights
Civil Procedure Commercial and Corporate Amendment of Pleadings Oppression Remedies Minority Shareholder Rights

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Parties

Jose Jorge De Freitas

Applicant

Franklin Domiciano De Aguar Menezes

Applicant

Chamdor Meat Packers (Pty) Ltd

Respondent

Beefcor (Pty) Ltd

Respondent

Petrus Hendrik Troskie N.O.

Respondent

Johannes Lodiwikus Le Roux N.O.

Respondent

Cornelius Johannes Hatem N.O.

Respondent

Hendrik Lambertus Johannes Moulder

Respondent

Erenscha Aletta Erasmus N.O.

Respondent

Malcolm Joseph Farquharson

Respondent

Petrus Hendrik Troskie

Respondent

Casparus Jan Hendrik Wessels

Respondent

Johan Robins Watson

Respondent

Hermanus Abraham Van Staden

Respondent

Wessel Johannes Muller

Respondent

Troskie & De Wet CC

Respondent

Ring Dryer Investments (Pty) Ltd

Respondent

Gauteng Meat Inspection Services CC

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the applicants may amend their particulars of claim to introduce new causes of action arising after the institution of summons.
  2. 2 Whether the respondents' objection to the amendment, based on the timing of the alleged oppressive conduct, is valid.

Ratio Decidendi

The court held that the applicants' particulars of claim disclosed a valid cause of action at the time of issue. The amendments sought pertain to new facts that occurred after the institution of summons but relate to the same oppression action. The respondents' objection, based solely on the timing of the new claims, is unfounded. Accepting the respondents' argument would unjustifiably preclude amendments that fall within the scope of the dispute but arise from subsequent events, leading to unnecessary delay and complication. The amendments are therefore granted.

Court Disposition

Application for leave to amend particulars of claim granted; respondents to pay costs of opposition.

Orders

  • The amendments as envisaged in the applicants’ notice of amendment dated 4 August 2020 are granted.
  • The respondents are ordered to pay the opposed costs occasioned by the respondents’ notice of objection dated 19 August 2020.