Harris N.O. and Others v Muhanga Mines (Pty) Ltd (47245/2013) [2014] ZAGPPHC 363 (12 June 2014)

Harris N.O. and Others v Muhanga Mines (Pty) Ltd (47245/2013) [2014] ZAGPPHC 363 (12 June 2014)

The court found that the applicants' proposed amendment introduced a new cause of action that was not supported by the founding affidavit and only appeared in reply. The relief sought in the amendment was inconsistent with the case the respondent was called upon to meet. The amendment would cause injustice to the respondent, as it would place the respondent in a different position than when the original notice of motion was filed. The prejudice to the respondent could not be cured by costs or postponement. The applicants failed to explain the substantial amendment or the delay in bringing the application. Accordingly, the application for leave to amend was dismissed with costs.

Citation
[2014] ZAGPPHC 363
Parties
Applicant: Glen William Harris N.O.; Applicant: Rene-Lynne Barry-Kleynhans N.O.; Applicant: Greystone Trading 820 CC (in liquidation); Respondent: Muhanga Mines (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2014
Case Number
47245/2013
Procedural Posture
Urgent Application / Application for Leave to Amend Notice of Motion
Outcome
Application for amendment of the notice of motion dismissed with costs.
Judges
D S Molefe
Legal Topics
Amendment of Pleadings, Insolvency Act, Collusive Dealing, Voidable Preference, Undue Preference to Creditors
Civil Procedure Commercial and Corporate Amendment of Pleadings Insolvency Act Collusive Dealing Voidable Preference Undue Preference to Creditors

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Parties

Glen William Harris N.O.

Applicant

Rene-Lynne Barry-Kleynhans N.O.

Applicant

Greystone Trading 820 CC (in liquidation)

Applicant

Muhanga Mines (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Application for Leave to Amend Notice of Motion

Legal Issues

  1. 1 Whether the applicants should be granted leave to amend their notice of motion.
  2. 2 Whether the proposed amendment introduces a new cause of action not supported by the founding affidavit.
  3. 3 Whether the respondent would suffer prejudice if the amendment is granted.

Ratio Decidendi

The court found that the applicants' proposed amendment introduced a new cause of action that was not supported by the founding affidavit and only appeared in reply. The relief sought in the amendment was inconsistent with the case the respondent was called upon to meet. The amendment would cause injustice to the respondent, as it would place the respondent in a different position than when the original notice of motion was filed. The prejudice to the respondent could not be cured by costs or postponement. The applicants failed to explain the substantial amendment or the delay in bringing the application. Accordingly, the application for leave to amend was dismissed with costs.

Court Disposition

Application for amendment of the notice of motion dismissed with costs.

Orders

  • The application for the amendment of the notice of motion is dismissed with costs.