Freeman and Another v Beckett and Another (17570/2022) [2023] ZAGPJHC 896 (11 August 2023)

Freeman and Another v Beckett and Another (17570/2022) [2023] ZAGPJHC 896 (11 August 2023)

The court found that the plaintiffs' claim was for a liquidated amount in money, as the damages were expressly provided for in the addendum to the sale agreement and were capable of prompt ascertainment. The calculation of damages was based on the difference between the agreed purchase price and the final sale price, as well as unpaid occupational rent and utilities, all of which were either agreed or readily calculable. The defendants failed to raise a bona fide defence or provide material facts supporting their opposition to summary judgment. The court held that the requirements of Uniform Rule 32(1)(b) and 32(2)(b) were satisfied and granted summary judgment in favour of the plaintiffs.

Citation
[2023] ZAGPJHC 896
Parties
Plaintiff: Freeman, Vaughan Michael; Plaintiff: Freeman, Corrinne Jean; Defendant: Beckett, Hayley Margaret; Defendant: Van Nieuwkerk, Pieter Maskew
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 August 2023
Case Number
17570/2022
Procedural Posture
Summary Judgment Application / Opposed Summary Judgment Application After Delivery of Plea
Outcome
Summary judgment granted in favour of the plaintiffs against the defendants, jointly and severally.
Judges
Adams
Legal Topics
Summary Judgment, Liquidated Damages, Breach of Contract, Sale of Immovable Property, Occupational Rental, Contractual Liability
Civil Procedure Land and Property Commercial and Corporate Summary Judgment Liquidated Damages Breach of Contract Sale of Immovable Property Occupational Rental +1 more

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Parties

Freeman, Vaughan Michael

Plaintiff

Freeman, Corrinne Jean

Plaintiff

Beckett, Hayley Margaret

Defendant

Van Nieuwkerk, Pieter Maskew

Defendant

Procedural Posture

Summary Judgment Application / Opposed Summary Judgment Application After Delivery of Plea

Legal Issues

  1. 1 Whether the plaintiffs' claim is for a liquidated amount in money as envisaged by Uniform Rule 32(1)(b).
  2. 2 Whether the defendants have a bona fide defence to the plaintiffs' claim for damages arising from breach of contract.
  3. 3 Whether the calculation of damages, including reduced purchase price, occupational rent, and utilities, is sufficiently certain to qualify for summary judgment.

Ratio Decidendi

The court found that the plaintiffs' claim was for a liquidated amount in money, as the damages were expressly provided for in the addendum to the sale agreement and were capable of prompt ascertainment. The calculation of damages was based on the difference between the agreed purchase price and the final sale price, as well as unpaid occupational rent and utilities, all of which were either agreed or readily calculable. The defendants failed to raise a bona fide defence or provide material facts supporting their opposition to summary judgment. The court held that the requirements of Uniform Rule 32(1)(b) and 32(2)(b) were satisfied and granted summary judgment in favour of the plaintiffs.

Court Disposition

Summary judgment granted in favour of the plaintiffs against the defendants, jointly and severally.

Orders

  • Payment of the sum of R773,193 by the defendants to the plaintiffs, jointly and severally, the one paying the other to be absolved.
  • Payment of interest on R773,193 at the prescribed legal rate of 7.75% per annum from 23 May 2022 to date of final payment.