Financial Studio (Pty) Ltd v Oaksure Financial Services (Pty) Limited (2018/29738) [2019] ZAGPJHC 211 (7 June 2019)

Financial Studio (Pty) Ltd v Oaksure Financial Services (Pty) Limited (2018/29738) [2019] ZAGPJHC 211 (7 June 2019)

The court held that the plaintiff's particulars of claim do disclose a sustainable cause of action for specific performance based on a surviving clause in a cancelled contract. The rights claimed by the plaintiff, namely the payment of commission and broker fees for policies resulting from its leads, are enforceable if they accrued prior to cancellation and were intended by the parties to survive termination. The defendant failed to persuade the court that no cause of action was disclosed or that the particulars were vague and embarrassing. The exception was therefore dismissed.

Citation
[2019] ZAGPJHC 211
Parties
Plaintiff: Financial Studio (Pty) Limited; Defendant: Oaksure Financial Services (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 June 2019
Case Number
2018/29738
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Defendant's exception dismissed with costs.
Judges
LR Adams
Legal Topics
Exception Procedure, Specific Performance, Surviving Contractual Rights
Civil Procedure Commercial and Corporate Exception Procedure Specific Performance Surviving Contractual Rights

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Financial Studio (Pty) Limited

Plaintiff

Oaksure Financial Services (Pty) Limited

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action for specific performance based on a surviving clause in a cancelled contract.
  2. 2 Whether the particulars of claim are vague and embarrassing or lack necessary averments for special contractual damages.

Ratio Decidendi

The court held that the plaintiff's particulars of claim do disclose a sustainable cause of action for specific performance based on a surviving clause in a cancelled contract. The rights claimed by the plaintiff, namely the payment of commission and broker fees for policies resulting from its leads, are enforceable if they accrued prior to cancellation and were intended by the parties to survive termination. The defendant failed to persuade the court that no cause of action was disclosed or that the particulars were vague and embarrassing. The exception was therefore dismissed.

Court Disposition

Defendant's exception dismissed with costs.

Orders

  • The defendant's exception is dismissed with cost.
  • The defendant shall pay the plaintiff's cost of the exception.