Ferrero Inthemba RSA Proprietary Limited v Hlubi National Proprietary Limited (1949/2019) [2019] ZAGPJHC 302 (16 August 2019)

Ferrero Inthemba RSA Proprietary Limited v Hlubi National Proprietary Limited (1949/2019) [2019] ZAGPJHC 302 (16 August 2019)

The court found that the respondent failed to demonstrate a bona fide defence that is good in law. The respondent only raised the issue of pricing during these proceedings, and prior email correspondence confirmed the correctness of the prices charged. The respondent's arguments regarding incorrect invoices and disproportionate interest were found to be without merit and merely a ruse to delay payment. The court accepted the applicant's spreadsheet of invoices and credit notes as valuable information to assist in reaching a correct decision. Accordingly, summary judgment was granted for the amount claimed, less the payment made after summons.

Citation
[2019] ZAGPJHC 302
Parties
Applicant: Ferrero Inthemba RSA Proprietary Limited; Respondent: Hlubi National Proprietary Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 August 2019
Case Number
1949/2019
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Hearing
Outcome
Summary judgment granted in favour of the applicant for the amount claimed, less the payment made after summons.
Judges
Twala M L
Legal Topics
Summary Judgment, Credit Facility, Contractual Dispute, Bona Fide Defence, Pricing Terms
Civil Procedure Commercial and Corporate Summary Judgment Credit Facility Contractual Dispute Bona Fide Defence Pricing Terms

Case Brief

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Parties

Ferrero Inthemba RSA Proprietary Limited

Applicant

Hlubi National Proprietary Limited

Respondent

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Hearing

Legal Issues

  1. 1 Whether the respondent has disclosed a bona fide defence to resist summary judgment.
  2. 2 Whether the invoices reflect the agreed pricing terms between the parties.
  3. 3 Whether the applicant is entitled to the claimed amount after accounting for payments made by the respondent.

Ratio Decidendi

The court found that the respondent failed to demonstrate a bona fide defence that is good in law. The respondent only raised the issue of pricing during these proceedings, and prior email correspondence confirmed the correctness of the prices charged. The respondent's arguments regarding incorrect invoices and disproportionate interest were found to be without merit and merely a ruse to delay payment. The court accepted the applicant's spreadsheet of invoices and credit notes as valuable information to assist in reaching a correct decision. Accordingly, summary judgment was granted for the amount claimed, less the payment made after summons.

Court Disposition

Summary judgment granted in favour of the applicant for the amount claimed, less the payment made after summons.

Orders

  • The respondent is to pay the applicant the amount of R2,485,338.75.
  • The respondent is to pay interest to the applicant at the rate of 12% per annum, alternatively, a rate 2% above the prime bank lending rate as determined by the applicant’s bankers, on the amount of R2,485,338.75 from 21 January 2019 to the date of final payment.