Hoogland Boerdery (Edms) Bpk v Coldcor (Edms) Bpk; Aswanestaal (Edms) Bpk v Hoogland Boerdery (Edms) Bpk (600/91) [1995] ZASCA 93 (14 September 1995)

Hoogland Boerdery (Edms) Bpk v Coldcor (Edms) Bpk; Aswanestaal (Edms) Bpk v Hoogland Boerdery (Edms) Bpk (600/91) [1995] ZASCA 93 (14 September 1995)

The Supreme Court of Appeal found that Aswanestaal's employee, Isak Louw, acted outside the scope of his employment when he performed work on the loopwalk in cold room 1, as he did so on the direct instructions of Hoogland's director and not as part of his duties for Aswanestaal. Consequently, Aswanestaal was not vicariously liable for the fire damage caused by Louw's negligence. The court further held that Coldcor was not contractually liable for the damage, as the installation in question was not part of its contractual obligations. The applications for condonation by Hoogland Boerdery were refused due to lack of reasonable prospects of success, while Aswanestaal's application for...

Citation
[1995] ZASCA 93
Parties
Appellant: Hoogland Boerdery (Edms) Bpk; Respondent: Coldcor (Edms) Bpk; Appellant: Aswanestaal (Edms) Bpk
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
14 September 1995
Case Number
600/91
Procedural Posture
Civil Appeal / Appeal From the Cape Provincial Division, With Applications for Condonation for Late Filing of the Record and Security.
Outcome
Hoogland Boerdery (Edms) Bpk's applications for condonation are dismissed with costs. Aswanestaal (Edms) Bpk's application for condonation is granted, and its appeal succeeds. The trial court's judgment is set aside and replaced with an order dismissing the claim against Aswanestaal with costs.
Judges
E M Grosskopf, Vivier, Van den Heever, Harms, Olivier
Legal Topics
Condonation of Late Filing, Vicarious Liability, Contractual Liability, Negligence, Subcontractor Responsibility, Costs Orders
Civil Procedure Delict Commercial and Corporate Condonation of Late Filing Vicarious Liability Contractual Liability Negligence Subcontractor Responsibility +1 more

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Parties

Hoogland Boerdery (Edms) Bpk

Appellant

Coldcor (Edms) Bpk

Respondent

Aswanestaal (Edms) Bpk

Appellant

Procedural Posture

Civil Appeal / Appeal From the Cape Provincial Division, With Applications for Condonation for Late Filing of the Record and Security.

Legal Issues

  1. 1 Whether the applications for condonation for late filing of the appeal record and security should be granted.
  2. 2 Whether Aswanestaal (Edms) Bpk is vicariously liable for the negligent conduct of its employee, Isak Louw, resulting in fire damage.
  3. 3 Whether Coldcor (Edms) Bpk is contractually liable to Hoogland Boerdery (Edms) Bpk for the fire damage.

Ratio Decidendi

The Supreme Court of Appeal found that Aswanestaal's employee, Isak Louw, acted outside the scope of his employment when he performed work on the loopwalk in cold room 1, as he did so on the direct instructions of Hoogland's director and not as part of his duties for Aswanestaal. Consequently, Aswanestaal was not vicariously liable for the fire damage caused by Louw's negligence. The court further held that Coldcor was not contractually liable for the damage, as the installation in question was not part of its contractual obligations. The applications for condonation by Hoogland Boerdery were refused due to lack of reasonable prospects of success, while Aswanestaal's application for...

Court Disposition

Hoogland Boerdery (Edms) Bpk's applications for condonation are dismissed with costs. Aswanestaal (Edms) Bpk's application for condonation is granted, and its appeal succeeds. The trial court's judgment is set aside and replaced with an order dismissing the claim against Aswanestaal with costs.

Orders

  • Hoogland Boerdery (Edms) Bpk's petitions for condonation are dismissed with costs, including costs of appeal and costs of two counsel.
  • Aswanestaal (Edms) Bpk's petition for condonation is granted; it must pay the costs of opposition, including costs of two counsel.