Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012) [2017] ZAGPJHC 259 (15 September 2017)

Estate Agency Affairs Board v Pasco Risk Management (Pty) Limited (57926/2012) [2017] ZAGPJHC 259 (15 September 2017)

The court found that the applicant was entitled to amend its plea prior to judgment, as provided for in the Uniform Rules. The proposed amendment did not withdraw admissions but amplified the applicant's defence by challenging the authority of the person who represented the applicant in the alleged agreement. The applicant's explanation for the timing of the amendment was reasonable, arising from the respondent's inability to produce requested documents. The court was satisfied that no prejudice would be suffered by the respondent that could not be remedied by a costs order, and any delay could be managed by the rules. The application for leave to amend the plea was therefore granted.

Citation
[2017] ZAGPJHC 259
Parties
Applicant: Estate Agency Affairs Board; Respondent: Pasco Risk Management (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2017
Case Number
57926/2012
Procedural Posture
Leave to Amend Plea / Application for Leave to Amend Plea Prior to Trial
Outcome
Application for leave to amend the applicant's plea granted.
Judges
M L Twala
Legal Topics
Amendment of Pleadings, Authority to Contract, Procurement Policy, Unlawful Agreement, Costs Order
Civil Procedure Commercial and Corporate Amendment of Pleadings Authority to Contract Procurement Policy Unlawful Agreement Costs Order

Case Brief

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Parties

Estate Agency Affairs Board

Applicant

Pasco Risk Management (Pty) Limited

Respondent

Procedural Posture

Leave to Amend Plea / Application for Leave to Amend Plea Prior to Trial

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend its plea prior to trial.
  2. 2 Whether the proposed amendment prejudices the respondent or withdraws express or deemed admissions.
  3. 3 Whether the agreement on which the respondent bases its claim is unlawful and unenforceable due to contravention of statutory provisions and procurement policy.

Ratio Decidendi

The court found that the applicant was entitled to amend its plea prior to judgment, as provided for in the Uniform Rules. The proposed amendment did not withdraw admissions but amplified the applicant's defence by challenging the authority of the person who represented the applicant in the alleged agreement. The applicant's explanation for the timing of the amendment was reasonable, arising from the respondent's inability to produce requested documents. The court was satisfied that no prejudice would be suffered by the respondent that could not be remedied by a costs order, and any delay could be managed by the rules. The application for leave to amend the plea was therefore granted.

Court Disposition

Application for leave to amend the applicant's plea granted.

Orders

  • The application for leave to amend the applicant's plea is granted.
  • The applicant must serve and file its amended pages within 10 days from the date of this order.