Hay Management Consultants Ltd v P3 Management Consultants (Pty) Ltd (439/2003) [2004] ZASCA 116; [2005] 3 All SA 119 (SCA); 2005 (2) SA 522 (SCA) (30 November 2004)

Hay Management Consultants Ltd v P3 Management Consultants (Pty) Ltd (439/2003) [2004] ZASCA 116; [2005] 3 All SA 119 (SCA); 2005 (2) SA 522 (SCA) (30 November 2004)

The Supreme Court of Appeal held that submission by a peregrinus defendant to the jurisdiction of a South African court is sufficient to confer jurisdiction in an action for money by an incola plaintiff, without the need for attachment of property. The court found that the cumulative effect of the contractual domicilium and choice of law clauses, together with the business relationship and the selection of a South African address for service of process, established on a balance of probabilities that the defendant intended to submit to the jurisdiction of the Witwatersrand Local Division. The court rejected the appellant's argument that submission was limited to disputes strictly arising...

Citation
[2004] ZASCA 116
Parties
Appellant: Hay Management Consultants Ltd; Respondent: P3 Management Consultants (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 2004
Case Number
439/03
Procedural Posture
Civil Appeal / Appeal From Trial Court on Special Plea to Jurisdiction
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Scott, Cameron, Conradie, Heher, Patel
Legal Topics
Jurisdiction Over Peregrinus, Submission to Jurisdiction, Domicilium Clause, Choice of Law, Attachment of Property
Civil Procedure Commercial and Corporate Jurisdiction Over Peregrinus Submission to Jurisdiction Domicilium Clause Choice of Law Attachment of Property

Case Brief

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Parties

Hay Management Consultants Ltd

Appellant

P3 Management Consultants (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Trial Court on Special Plea to Jurisdiction

Legal Issues

  1. 1 Whether a submission by a peregrinus defendant to the jurisdiction of a South African court is sufficient to confer jurisdiction in an action for money by an incola plaintiff without attachment of property.
  2. 2 Whether the contractual domicilium and choice of law clauses constituted a submission to jurisdiction by the defendant.
  3. 3 Whether the cause of action was sufficiently connected to the contract to rely on the submission to jurisdiction.

Ratio Decidendi

The Supreme Court of Appeal held that submission by a peregrinus defendant to the jurisdiction of a South African court is sufficient to confer jurisdiction in an action for money by an incola plaintiff, without the need for attachment of property. The court found that the cumulative effect of the contractual domicilium and choice of law clauses, together with the business relationship and the selection of a South African address for service of process, established on a balance of probabilities that the defendant intended to submit to the jurisdiction of the Witwatersrand Local Division. The court rejected the appellant's argument that submission was limited to disputes strictly arising...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.