Greeff v Andrews (435/94) [1996] ZASCA 65 (30 May 1996)

Greeff v Andrews (435/94) [1996] ZASCA 65 (30 May 1996)

The Supreme Court of Appeal found that the probabilities favoured the respondent's version that the appellant was excluded from the Mondi project and its commissions by agreement in January 1989. Mills's evidence, which was accepted as credible and reliable, confirmed that the exclusion was a condition for the project. The appellant's conduct and subsequent acceptance of R25,000, without protest or reservation, further supported the respondent's case. The court held that the appellant failed to discharge the onus of proving her entitlement to a half-share of the commission. The appeal was dismissed, and the decision of the Full Bench upholding the respondent's case was confirmed.

Citation
[1996] ZASCA 65
Parties
Appellant: Sophia Aletta Greeff; Respondent: Donald James Andrews
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1996
Case Number
435/94
Procedural Posture
Civil Appeal / Appeal From Full Bench Decision
Outcome
Appeal dismissed with costs.
Judges
E M Grosskopf, Nestadt, Howie, Olivier, Schutz
Legal Topics
Commission Sharing Agreement, Partnership Vs Employment, Burden of Proof, Contractual Entitlement
Commercial and Corporate Commission Sharing Agreement Partnership Vs Employment Burden of Proof Contractual Entitlement

Case Brief

Summary, issues, holding and outcome

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Parties

Sophia Aletta Greeff

Appellant

Donald James Andrews

Respondent

Procedural Posture

Civil Appeal / Appeal From Full Bench Decision

Legal Issues

  1. 1 Whether the appellant was contractually entitled to share in the respondent's commission from the Mondi project.
  2. 2 Whether the parties agreed in January 1989 to exclude the appellant from the Mondi project and its commissions.
  3. 3 Whether the payment of R25,000 to the appellant constituted full and final settlement of any entitlement.

Ratio Decidendi

The Supreme Court of Appeal found that the probabilities favoured the respondent's version that the appellant was excluded from the Mondi project and its commissions by agreement in January 1989. Mills's evidence, which was accepted as credible and reliable, confirmed that the exclusion was a condition for the project. The appellant's conduct and subsequent acceptance of R25,000, without protest or reservation, further supported the respondent's case. The court held that the appellant failed to discharge the onus of proving her entitlement to a half-share of the commission. The appeal was dismissed, and the decision of the Full Bench upholding the respondent's case was confirmed.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.
  • The employment of two counsel is not justified at the appellant's expense.