Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)

Jovan Projects (Pty) Ltd v ICB Property Investments (Pty) Ltd (2020/32427) [2021] ZAGPJHC 836 (20 December 2021)

The court found that the certified progress certificates and final completion certificate issued by the Principal Agent on behalf of the Respondent constitute liquid documents for purposes of summary judgment. The Respondent's conduct in paying ten previous certified invoices in the JBCC format, without objection, demonstrated acceptance of the JBCC Principal Building Agreement and its terms. The Respondent's defence, based on an alleged oral agreement and claims of suspensive conditions, was unsupported by contemporaneous evidence and contradicted by its own Principal Agent, who confirmed the Applicant's version. The Respondent's counterclaim for penalties and damages was not...

Citation
[2021] ZAGPJHC 836
Parties
Applicant: Jovan Projects (Pty) Ltd; Respondent: ICB Property Investments (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 December 2021
Case Number
2020/32427
Procedural Posture
Summary Judgment Application / Application for Summary Judgment After Plea Filed
Outcome
Summary judgment granted in favour of the Applicant for the certified amount, interest, and costs. Respondent's defence and counterclaim rejected.
Judges
Machaba
Legal Topics
Summary Judgment, Liquid Document, Construction Contract, Jbcc Principal Building Agreement, Penalty Clause, Counterclaim for Damages
Civil Procedure Commercial and Corporate Summary Judgment Liquid Document Construction Contract Jbcc Principal Building Agreement Penalty Clause Counterclaim for Damages

Case Brief

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Parties

Jovan Projects (Pty) Ltd

Applicant

ICB Property Investments (Pty) Ltd

Respondent

Procedural Posture

Summary Judgment Application / Application for Summary Judgment After Plea Filed

Legal Issues

  1. 1 Whether the certified progress certificates and final completion certificate issued by the Principal Agent constitute liquid documents for purposes of summary judgment.
  2. 2 Whether the Respondent's defence raises bona fide triable issues or is a sham intended to delay payment.
  3. 3 Whether the Respondent's counterclaim for penalties and damages is sustainable in law and fact.

Ratio Decidendi

The court found that the certified progress certificates and final completion certificate issued by the Principal Agent on behalf of the Respondent constitute liquid documents for purposes of summary judgment. The Respondent's conduct in paying ten previous certified invoices in the JBCC format, without objection, demonstrated acceptance of the JBCC Principal Building Agreement and its terms. The Respondent's defence, based on an alleged oral agreement and claims of suspensive conditions, was unsupported by contemporaneous evidence and contradicted by its own Principal Agent, who confirmed the Applicant's version. The Respondent's counterclaim for penalties and damages was not...

Court Disposition

Summary judgment granted in favour of the Applicant for the certified amount, interest, and costs. Respondent's defence and counterclaim rejected.

Orders

  • Summary judgment is entered in favour of the Applicant for payment of R809,478.94 to the Applicant/Plaintiff.
  • Payment of 6% default interest compounded monthly from 23 September 2020 to date of final payment thereof.