Impregilo Spa v Mahamba In re: Mahamba v Impregilo Spa (44528/10) [2012] ZAGPJHC 194 (11 October 2012)

Impregilo Spa v Mahamba In re: Mahamba v Impregilo Spa (44528/10) [2012] ZAGPJHC 194 (11 October 2012)

The court found that the Defendant's application to amend its Plea was not mala fide, despite the delay, as the delay was explained and responsibility accepted by the legal representatives. The absence of an affidavit from the Defendant itself was not material, as the Defendant relied on legal advice. The prejudice to the Plaintiff was limited to delay and costs, which could be resolved by an appropriate costs order. The interests of third parties were not relevant to the court's discretion in granting the amendment. Accordingly, the amendment was granted, with no order as to costs, and the wasted costs of trial could be argued at a later date.

Citation
[2012] ZAGPJHC 194
Parties
Applicant: Impregilo SpA; Respondent: Mahamba: Sipho
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
11 October 2012
Case Number
44528/10
Procedural Posture
Amendment Application / Application for Leave to Amend Defendant's Plea Prior to Trial Commencement
Outcome
Defendant's application for amendment of its Plea is granted.
Judges
Satchwell
Legal Topics
Amendment of Pleadings, Mala Fides, Prejudice, Costs Order, Rule 28 Supreme Court Rules
Civil Procedure Amendment of Pleadings Mala Fides Prejudice Costs Order Rule 28 Supreme Court Rules

Case Brief

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Parties

Impregilo SpA

Applicant

Mahamba: Sipho

Respondent

Procedural Posture

Amendment Application / Application for Leave to Amend Defendant's Plea Prior to Trial Commencement

Legal Issues

  1. 1 Whether the Defendant's application to amend its Plea should be granted.
  2. 2 Whether the application is mala fide or would cause prejudice or injustice to the Plaintiff that cannot be compensated by costs.
  3. 3 Whether the interests of third parties are relevant to the amendment application.

Ratio Decidendi

The court found that the Defendant's application to amend its Plea was not mala fide, despite the delay, as the delay was explained and responsibility accepted by the legal representatives. The absence of an affidavit from the Defendant itself was not material, as the Defendant relied on legal advice. The prejudice to the Plaintiff was limited to delay and costs, which could be resolved by an appropriate costs order. The interests of third parties were not relevant to the court's discretion in granting the amendment. Accordingly, the amendment was granted, with no order as to costs, and the wasted costs of trial could be argued at a later date.

Court Disposition

Defendant's application for amendment of its Plea is granted.

Orders

  • The Defendant’s Plea is amended by deletion of paragraph 5 thereof in its entirety and the substitution of the new paragraph as set out in the judgment.
  • There is no order as to costs in respect of this application.