Jansen v De Villeneuve NO and Others and Others, In re De Villeneuve and Others v Jansen and Others (13753/2010) [2010] ZAWCHC 619 (10 December 2010)

Jansen v De Villeneuve NO and Others and Others, In re De Villeneuve and Others v Jansen and Others (13753/2010) [2010] ZAWCHC 619 (10 December 2010)

The court found that the applicant failed to establish locus standi to obtain the interim interdict, as the agreement of sale relied upon was not entered into with the owner of the business, Eraco Boat Builders CC, but rather with Deon Erasmus in his personal capacity. The conditions precedent in the agreement were neither fulfilled nor waived, and the purported ratification did not assist the applicant. The assets of the close corporation are owned by the corporation itself, and the applicant misconceived the legal position by relying on warranties made by Erasmus. The applicant also failed to institute proceedings within the required 21 days, disregarding the condition upon which the...

Citation
[2010] ZAWCHC 619
Parties
Applicant: Cedric Winston Jansen; Respondent: Sonja Lynne Plante Fevure De Villeneuve N.O.; Respondent: Andrew Maralack N.O.; Respondent: Peter Carolus N.O.; Respondent: Christopher Peter Van Zyl N.O.; Respondent: The Master of the High Court; Respondent: Claremart Auction Group
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
10 December 2010
Case Number
13753/2010
Procedural Posture
Urgent Application / Application for Reconsideration and Setting Aside of Interim Interdict
Outcome
Interim interdict granted on 22 June 2010 reconsidered and set aside; applicant ordered to pay costs including costs of two counsel.
Judges
Allie
Legal Topics
Interim Interdict, Locus Standi, Agreement of Sale, Derivative Action, Urgent Application, Liquidation
Civil Procedure Commercial and Corporate Interim Interdict Locus Standi Agreement of Sale Derivative Action Urgent Application Liquidation

Case Brief

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Parties

Cedric Winston Jansen

Applicant

Sonja Lynne Plante Fevure De Villeneuve N.O.

Respondent

Andrew Maralack N.O.

Respondent

Peter Carolus N.O.

Respondent

Christopher Peter Van Zyl N.O.

Respondent

The Master of the High Court

Respondent

Claremart Auction Group

Respondent

Procedural Posture

Urgent Application / Application for Reconsideration and Setting Aside of Interim Interdict

Legal Issues

  1. 1 Whether the applicant had locus standi to obtain the interim interdict.
  2. 2 Whether the agreement of sale between Eraco and Planet Waves was valid and binding.
  3. 3 Whether the conditions precedent in the agreement of sale were fulfilled or waived.

Ratio Decidendi

The court found that the applicant failed to establish locus standi to obtain the interim interdict, as the agreement of sale relied upon was not entered into with the owner of the business, Eraco Boat Builders CC, but rather with Deon Erasmus in his personal capacity. The conditions precedent in the agreement were neither fulfilled nor waived, and the purported ratification did not assist the applicant. The assets of the close corporation are owned by the corporation itself, and the applicant misconceived the legal position by relying on warranties made by Erasmus. The applicant also failed to institute proceedings within the required 21 days, disregarding the condition upon which the...

Court Disposition

Interim interdict granted on 22 June 2010 reconsidered and set aside; applicant ordered to pay costs including costs of two counsel.

Orders

  • The order granted by this Court on 22 June 2010 is hereby reconsidered and set aside.
  • Applicant shall pay the costs including the costs of two counsel.