Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

Interlagos Trading (Pty) Ltd and Others v Sundale Free Range Dairy (Pty) Ltd (D8288/2024) [2025] ZAKZDHC 42 (11 July 2025)

The court found that the particulars of claim were vague and embarrassing, failing to convey with reasonable certainty the case the defendants were required to meet. The pleading did not adequately set out the basis for Sundale's liability, nor did it establish joint and several liability against both defendants. The management agreement and memorandum of understanding did not provide a clear contractual link between the plaintiffs and the defendants, and the mechanism for payment of commission was not properly pleaded. The particulars of claim were internally inconsistent, lacked necessary averments, and failed to support the relief sought. Accordingly, the exceptions of both defendants...

Citation
[2025] ZAKZDHC 42
Parties
Plaintiff: Interlagos Trading (Pty) Ltd; Plaintiff: Soy Africa (Pty) Ltd; Plaintiff: David Calo; Defendant: Sundale Free Range Dairy (Pty) Ltd; Defendant: Mondelez South Africa (Pty) Ltd
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
11 July 2025
Case Number
D8288/2024
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exceptions upheld; particulars of claim struck out; plaintiffs granted leave to amend within 15 days.
Judges
Olsen J
Legal Topics
Pleading Requirements, Vagueness and Embarrassment, Joint and Several Liability, Commission Agreements, Agency, Striking Out
Civil Procedure Commercial and Corporate Pleading Requirements Vagueness and Embarrassment Joint and Several Liability Commission Agreements Agency Striking Out

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Interlagos Trading (Pty) Ltd

Plaintiff

Soy Africa (Pty) Ltd

Plaintiff

David Calo

Plaintiff

Sundale Free Range Dairy (Pty) Ltd

Defendant

Mondelez South Africa (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the particulars of claim are vague and embarrassing.
  2. 2 Whether the particulars of claim lack averments necessary to sustain a cause of action against the defendants.
  3. 3 Whether joint and several liability is properly pleaded against both defendants.

Ratio Decidendi

The court found that the particulars of claim were vague and embarrassing, failing to convey with reasonable certainty the case the defendants were required to meet. The pleading did not adequately set out the basis for Sundale's liability, nor did it establish joint and several liability against both defendants. The management agreement and memorandum of understanding did not provide a clear contractual link between the plaintiffs and the defendants, and the mechanism for payment of commission was not properly pleaded. The particulars of claim were internally inconsistent, lacked necessary averments, and failed to support the relief sought. Accordingly, the exceptions of both defendants...

Court Disposition

Exceptions upheld; particulars of claim struck out; plaintiffs granted leave to amend within 15 days.

Orders

  • The exceptions of each of the first and second defendants are upheld with costs. Senior counsel’s fees shall be taxed on scale C and junior counsel’s fees on scale B.
  • The plaintiffs’ particulars of claim are struck out.