Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)

Gilfillan v Renico Construction (Pty) Ltd (36734/2021) [2024] ZAGPPHC 241 (11 March 2024)

The court found that the plaintiff was orally mandated to source a suitable property for the defendant, and she fulfilled her mandate by introducing the Hartbeesfontein property, which led to the written agreement of sale. The agreement expressly recorded the defendant’s liability for the agent’s commission of R 450 000-00, and there was no provision that commission would only be payable after transfer. The defendant’s attempt to rely on a tacit or implied term was unsupported by the evidence and contradicted by admissions and the conduct of the parties. The plaintiff was the effective cause of the sale, and the commission became due and payable upon conclusion of the agreement. The...

Citation
[2024] ZAGPPHC 241
Parties
Plaintiff: Mariken Josephine Gilfillan; Defendant: Renico Construction (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 March 2024
Case Number
36734/2021
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff; defendant ordered to pay commission, interest, and costs on attorney and client scale.
Judges
Holland-Muter
Legal Topics
Estate Agent Commission, Oral Mandate, Contractual Liability, Tacit Terms, Costs Award, Effective Cause
Land and Property Commercial and Corporate Civil Procedure Estate Agent Commission Oral Mandate Contractual Liability Tacit Terms Costs Award +1 more

Case Brief

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Parties

Mariken Josephine Gilfillan

Plaintiff

Renico Construction (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Was there an oral mandate between the plaintiff and defendant, and what were its terms?
  2. 2 Was the agent’s commission of R 450 000-00 due and payable when action was instituted?
  3. 3 Did the conditions precedent in the sale agreement affect the plaintiff’s entitlement to commission?

Ratio Decidendi

The court found that the plaintiff was orally mandated to source a suitable property for the defendant, and she fulfilled her mandate by introducing the Hartbeesfontein property, which led to the written agreement of sale. The agreement expressly recorded the defendant’s liability for the agent’s commission of R 450 000-00, and there was no provision that commission would only be payable after transfer. The defendant’s attempt to rely on a tacit or implied term was unsupported by the evidence and contradicted by admissions and the conduct of the parties. The plaintiff was the effective cause of the sale, and the commission became due and payable upon conclusion of the agreement. The...

Court Disposition

Judgment for the plaintiff; defendant ordered to pay commission, interest, and costs on attorney and client scale.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R 450 000-00.
  • The defendant is to pay interest on the amount of R 450 000-00 at the statutory prescribed rate from 13 October 2020 to date of final payment.