Good Hope Plasterers CC t/a Good Hope Construction v E-Junction Property Developers (Pty) Ltd and Others (9671/2020) [2020] ZAWCHC 162 (19 November 2020)

Good Hope Plasterers CC t/a Good Hope Construction v E-Junction Property Developers (Pty) Ltd and Others (9671/2020) [2020] ZAWCHC 162 (19 November 2020)

The court exercised its discretion to grant the applicant leave to withdraw the main application, finding no abuse of process and no substantial prejudice to the first respondent. The interim relief sought was rendered moot by the second respondent's refusal to pay under the guarantees, and the first respondent retained the opportunity to pursue its claims in separate proceedings. The first respondent's counter-application was set aside as an irregular step, as it was not filed in accordance with the Rules, was out of time, and was not properly directed against the applicant. Furthermore, the matter was replete with irresoluble disputes of fact, particularly regarding the existence and...

Citation
[2020] ZAWCHC 162
Parties
Applicant: Good Hope Plasterers CC t/a Good Hope Construction; Respondent: E-Junction Property Developers (Pty) Ltd; Respondent: Mutual and Federal Risk Financing Limited; Respondent: One Insurance Underwriting Managers (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 November 2020
Case Number
9671/2020
Procedural Posture
Urgent Application / Application for Leave to Withdraw Main Application; Counter Application and Rule 30(1) Irregular Step
Outcome
Leave to withdraw the main application granted; first respondent's counter-application set aside as an irregular step; costs apportioned.
Judges
S Hockey
Legal Topics
Withdrawal of Application, Counter Application, Construction Guarantees, Irregular Step, Jbcc Contract, Interdict
Civil Procedure Commercial and Corporate Withdrawal of Application Counter Application Construction Guarantees Irregular Step Jbcc Contract Interdict

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Parties

Good Hope Plasterers CC t/a Good Hope Construction

Applicant

E-Junction Property Developers (Pty) Ltd

Respondent

Mutual and Federal Risk Financing Limited

Respondent

One Insurance Underwriting Managers (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Leave to Withdraw Main Application; Counter Application and Rule 30(1) Irregular Step

Legal Issues

  1. 1 Whether leave should be granted to the applicant to withdraw the main application.
  2. 2 Whether the first respondent's counter-application constitutes an irregular step.
  3. 3 Whether the matter should be referred to oral evidence.

Ratio Decidendi

The court exercised its discretion to grant the applicant leave to withdraw the main application, finding no abuse of process and no substantial prejudice to the first respondent. The interim relief sought was rendered moot by the second respondent's refusal to pay under the guarantees, and the first respondent retained the opportunity to pursue its claims in separate proceedings. The first respondent's counter-application was set aside as an irregular step, as it was not filed in accordance with the Rules, was out of time, and was not properly directed against the applicant. Furthermore, the matter was replete with irresoluble disputes of fact, particularly regarding the existence and...

Court Disposition

Leave to withdraw the main application granted; first respondent's counter-application set aside as an irregular step; costs apportioned.

Orders

  • The applicant is granted leave to withdraw the application under case number 9671/2020.
  • The first respondent's notice of counter-application dated 26 August 2020 is set aside as an irregular step.