Getsoft CC v Post Paid Company (Pty) Limited, In re: Neosoft CC v Post Paid Company (Pty) Limited v Post Paid Company (Pty) Limited, In re: Conycare (Pty) Limited v Post Paid Company (Pty) Limited (36983/14, 11803/14, 14021/14, 4180/14) [2015] ZAGPJHC 297 (6 November 2015)

Getsoft CC v Post Paid Company (Pty) Limited, In re: Neosoft CC v Post Paid Company (Pty) Limited v Post Paid Company (Pty) Limited, In re: Conycare (Pty) Limited v Post Paid Company (Pty) Limited (36983/14, 11803/14, 14021/14, 4180/14) [2015] ZAGPJHC 297 (6 November 2015)

The court found that the disputes of fact regarding the existence and repudiation of the alleged oral agreements were real, genuine, and bona fide, and not capable of resolution on the papers. The respondent's denials and version were supported by documentary and affidavit evidence and could not be rejected as far-fetched or untenable. Furthermore, the alleged agreements had expired by the time the matter was heard, rendering the relief for specific performance moot. Referring the matter to trial or oral evidence would be futile. The applicants' attempt to amend their notices of motion to seek declaratory relief was refused, as courts do not pronounce on abstract questions or advise on...

Citation
[2015] ZAGPJHC 297
Parties
Applicant: Getsoft CC; Applicant: Neosoft CC; Applicant: Conycare (Pty) Limited; Respondent: The Post Paid Company (Pty) Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
6 November 2015
Case Number
36983/14, 11803/14, 14021/14, 4180/14
Procedural Posture
Civil Application / Final Judgment After Consolidation of Motion Proceedings
Outcome
Application dismissed; costs awarded against applicants.
Judges
P.A. Meyer
Legal Topics
Specific Performance, Material Dispute of Fact, Oral Agreement, Motion Proceedings, Costs Award
Commercial and Corporate Civil Procedure Specific Performance Material Dispute of Fact Oral Agreement Motion Proceedings Costs Award

Case Brief

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Parties

Getsoft CC

Applicant

Neosoft CC

Applicant

Conycare (Pty) Limited

Applicant

The Post Paid Company (Pty) Limited

Respondent

Procedural Posture

Civil Application / Final Judgment After Consolidation of Motion Proceedings

Legal Issues

  1. 1 Whether the applicants are entitled to specific performance of alleged oral agreements with the respondent.
  2. 2 Whether the disputes of fact raised on the affidavits are real, genuine and bona fide, and capable of resolution on the papers.
  3. 3 Whether the relief sought has become moot due to the expiry of the alleged agreements.

Ratio Decidendi

The court found that the disputes of fact regarding the existence and repudiation of the alleged oral agreements were real, genuine, and bona fide, and not capable of resolution on the papers. The respondent's denials and version were supported by documentary and affidavit evidence and could not be rejected as far-fetched or untenable. Furthermore, the alleged agreements had expired by the time the matter was heard, rendering the relief for specific performance moot. Referring the matter to trial or oral evidence would be futile. The applicants' attempt to amend their notices of motion to seek declaratory relief was refused, as courts do not pronounce on abstract questions or advise on...

Court Disposition

Application dismissed; costs awarded against applicants.

Orders

  • The applicants' application for leave to amend their notices of motion made at the conclusion of the hearing on 4 August 2015 is refused with costs, including those of senior counsel.
  • The consolidated application is dismissed and the costs of the respondent incurred as from 14 May 2014 are to be borne by the applicants.