Eye Site Gauteng Incorporated and Others v Stanley & De Kock Optometrist Incorporated (A241/11) [2012] ZAWCHC 103 (3 February 2012)

Eye Site Gauteng Incorporated and Others v Stanley & De Kock Optometrist Incorporated (A241/11) [2012] ZAWCHC 103 (3 February 2012)

The court found that the first appellant and respondent did conclude a refurbishment agreement, which was valid and enforceable. The evidence established that the parties intended to bind themselves to the agreement, and the absence of a reciprocal obligation did not invalidate the contract under South African law. The court further held that a tacit term existed, obliging the first appellant to reimburse the respondent for refurbishment costs if the main agreement failed, as this was necessary to give business efficacy to the contract. The respondent was not a party to the main agreement and could not rely on its adjustment account provisions. The appeal record was found to be...

Citation
[2012] ZAWCHC 103
Parties
Appellant: Eye Site Gauteng Incorporated; Appellant: Michelle Celeste Hlava; Appellant: Andre Jean van der Merwe; Respondent: Stanley & De Kock Optometrists Incorporated
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
3 February 2012
Case Number
A241/11
Procedural Posture
Civil Appeal / Appeal Against Judgment of the Court a Quo
Outcome
Appeal dismissed with costs; punitive costs order against appellants' attorney.
Judges
Fourie, Griesel, Henney
Legal Topics
Oral Contract, Tacit Terms, Unjust Enrichment, Joint and Several Liability, Costs on Appeal
Commercial and Corporate Civil Procedure Oral Contract Tacit Terms Unjust Enrichment Joint and Several Liability Costs on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Eye Site Gauteng Incorporated

Appellant

Michelle Celeste Hlava

Appellant

Andre Jean van der Merwe

Appellant

Stanley & De Kock Optometrists Incorporated

Respondent

Procedural Posture

Civil Appeal / Appeal Against Judgment of the Court a Quo

Legal Issues

  1. 1 Did the first appellant and respondent conclude a refurbishment agreement as alleged by respondent?
  2. 2 Does the refurbishment agreement constitute a valid and enforceable contract?
  3. 3 Is the refurbishment agreement subject to the tacit term contended for by respondent?

Ratio Decidendi

The court found that the first appellant and respondent did conclude a refurbishment agreement, which was valid and enforceable. The evidence established that the parties intended to bind themselves to the agreement, and the absence of a reciprocal obligation did not invalidate the contract under South African law. The court further held that a tacit term existed, obliging the first appellant to reimburse the respondent for refurbishment costs if the main agreement failed, as this was necessary to give business efficacy to the contract. The respondent was not a party to the main agreement and could not rely on its adjustment account provisions. The appeal record was found to be...

Court Disposition

Appeal dismissed with costs; punitive costs order against appellants' attorney.

Orders

  • The appeal is dismissed with costs.
  • The appellants' attorney shall be liable to pay de bonis propriis 60% of the costs occasioned by preparing, copying and perusing the record on appeal, such costs to be taxed on the scale as between attorney and own client.