Hiberia (Pty) Ltd T/A Acts Projects v Lourens and Another (2013/44435) [2014] ZAGPJHC 306 (30 October 2014)

Hiberia (Pty) Ltd T/A Acts Projects v Lourens and Another (2013/44435) [2014] ZAGPJHC 306 (30 October 2014)

The court found that the applicant was entitled to recover possession of the vehicle, as the first respondent's right to possession ended with the termination of his employment. There was no evidence of an implied term requiring the applicant to refund the R70,000.00 deposit, nor was the respondent entitled to such refund on the basis of unjust enrichment, as the quantum of enrichment was offset by the applicant's financial prejudice and the respondent's continued use of the vehicle. The applicant was ordered to deliver IRP5 forms to the respondent, as required by law. Condonation for late filing of affidavits was granted, but the first respondent was ordered to pay the costs of the...

Citation
[2014] ZAGPJHC 306
Parties
Applicant: Hiberia (Pty) Ltd trading as ACT Projects; Respondent: Leon Lourens; Respondent: The Standard Bank of South Africa Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 October 2014
Case Number
2013/44435
Procedural Posture
Civil Application / Opposed Application and Counter Application; Application for Condonation
Outcome
Application granted in favour of the applicant; counter-application dismissed except for limited relief regarding IRP5 forms.
Judges
Nochumsohn
Legal Topics
Instalment Sale Agreement, Unjust Enrichment, Implied Terms, Employment Benefits, Retention of Property
Civil Procedure Commercial and Corporate Instalment Sale Agreement Unjust Enrichment Implied Terms Employment Benefits Retention of Property

Case Brief

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Parties

Hiberia (Pty) Ltd trading as ACT Projects

Applicant

Leon Lourens

Respondent

The Standard Bank of South Africa Ltd

Respondent

Procedural Posture

Civil Application / Opposed Application and Counter Application; Application for Condonation

Legal Issues

  1. 1 Whether the applicant is entitled to recover possession of the Ford Ranger motor vehicle from the first respondent.
  2. 2 Whether the first respondent is entitled to repayment of R70,000.00 on the basis of an implied term or unjust enrichment.
  3. 3 Whether the applicant is obliged to deliver IRP5 forms to the first respondent for the period of employment.

Ratio Decidendi

The court found that the applicant was entitled to recover possession of the vehicle, as the first respondent's right to possession ended with the termination of his employment. There was no evidence of an implied term requiring the applicant to refund the R70,000.00 deposit, nor was the respondent entitled to such refund on the basis of unjust enrichment, as the quantum of enrichment was offset by the applicant's financial prejudice and the respondent's continued use of the vehicle. The applicant was ordered to deliver IRP5 forms to the respondent, as required by law. Condonation for late filing of affidavits was granted, but the first respondent was ordered to pay the costs of the...

Court Disposition

Application granted in favour of the applicant; counter-application dismissed except for limited relief regarding IRP5 forms.

Orders

  • Condonation of the late filing of the first respondent's Answering Affidavit and Replying Affidavit is granted.
  • First respondent to bear the costs of the condonation application on an opposed basis, taxed by the applicant.