First 3D (Pty) Ltd v Coleman and Another (39217/18) [2021] ZAGPPHC 336 (1 June 2021)

First 3D (Pty) Ltd v Coleman and Another (39217/18) [2021] ZAGPPHC 336 (1 June 2021)

The court found that the proposed amendments to the particulars of claim do not introduce a new cause of action but rather clarify and expand upon the existing cause of action. The amendments are not mala fide and will not prejudice the defendants, who have not yet pleaded and will have an opportunity to respond. The objection that the amendments are excipiable or vague was not substantiated by the defendants, who failed to provide reasons for their objection. The court held that the requirements for granting an amendment were satisfied, as the amendments serve to ventilate the real issues in dispute and do not cause injustice to the defendants. Accordingly, the application for amendment...

Citation
[2021] ZAGPPHC 336
Parties
Applicant: First 3D (Pty) Ltd; Respondent: Clem Coleman; Respondent: Vision Screener (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 June 2021
Case Number
39217/18
Procedural Posture
Interlocutory Application / Application to Amend Particulars of Claim
Outcome
Application for amendment granted; objection overruled.
Judges
Mabuse
Legal Topics
Amendment of Pleadings, Fiduciary Duties of Directors, Piercing Corporate Veil, Oral Contract, Joint and Several Liability
Civil Procedure Commercial and Corporate Amendment of Pleadings Fiduciary Duties of Directors Piercing Corporate Veil Oral Contract Joint and Several Liability

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Parties

First 3D (Pty) Ltd

Applicant

Clem Coleman

Respondent

Vision Screener (Pty) Ltd

Respondent

Procedural Posture

Interlocutory Application / Application to Amend Particulars of Claim

Legal Issues

  1. 1 Whether the proposed amendment to the particulars of claim introduces a new cause of action.
  2. 2 Whether the amendment renders the particulars of claim vague or excipiable.
  3. 3 Whether the amendment is prejudicial to the defendants or made mala fide.

Ratio Decidendi

The court found that the proposed amendments to the particulars of claim do not introduce a new cause of action but rather clarify and expand upon the existing cause of action. The amendments are not mala fide and will not prejudice the defendants, who have not yet pleaded and will have an opportunity to respond. The objection that the amendments are excipiable or vague was not substantiated by the defendants, who failed to provide reasons for their objection. The court held that the requirements for granting an amendment were satisfied, as the amendments serve to ventilate the real issues in dispute and do not cause injustice to the defendants. Accordingly, the application for amendment...

Court Disposition

Application for amendment granted; objection overruled.

Orders

  • The application for amendment is granted.
  • The applicant is granted leave to amend its particulars of claim in accordance with the Notice of Intention to Amend dated 2 December 2019.