French Riviera Investments (Pty) Ltd v FTX Investments (Pty) Ltd (2024/065062) [2025] ZAGPPHC 552 (22 May 2025)

Parties

Procedural Posture

Urgent Application / Application for Amendment of Notice of Motion and Postponement

Legal Issues

1. 1 Whether the applicant is entitled to amend its notice of motion to seek declaratory relief regarding the interpretation of the sale agreement.
2. 2 Whether the proposed amendment discloses a cause of action or introduces a new cause of action.
3. 3 Whether the interests of justice require the granting of the amendment and a postponement to allow the respondent to respond.

Ratio Decidendi

The court found that the applicant, Riviera, had established itself as an interested person within the meaning of section 21 of the Superior Courts Act, given the legal connection between the parties and the tenants. The court held that the interests of justice required granting the amendment to the notice of motion, as the dispute centered on the interpretation of written contractual provisions. The respondent would not be prejudiced, as it was afforded an opportunity to respond to the amendment by delivering a further affidavit. The court exercised its discretion to grant the amendment and postponed the application sine die, reserving costs for determination with the main application.

Court Disposition

The applicant's amendment is granted, the application is postponed sine die, and the respondent is granted leave to deliver a further affidavit. Costs are reserved.

Orders

• The applicant's amendment set out in its notice dated 2 August 2024 is granted, and the application is postponed sine die.
• The costs of the amendment and the costs of the enrolment and hearing during the week of 12 May 2025 are reserved for determination with the main application.