Knox D'Arcy AG and Another v Land and Agricultural Development Bank of South Africa (654/12) [2013] ZASCA 93; [2013] 3 All SA 404 (SCA) (5 June 2013)

Knox D'Arcy AG and Another v Land and Agricultural Development Bank of South Africa (654/12) [2013] ZASCA 93; [2013] 3 All SA 404 (SCA) (5 June 2013)

The appeal failed because the appellants did not prove that the parties had identified debt meeting the criteria set out in clause 2.1 of the settlement agreement. Their pleadings were confined to the assertion that the parties had agreed on the identified debt, which was not supported by the evidence. The attempt to rely on a separate cause of action based on 'objective compliance' or fictional fulfilment was not pleaded or ventilated at trial, and thus could not be considered on appeal. The court reiterated the necessity and purpose of pleadings: parties must define the issues and material facts relied upon, and may not shift their case at trial or on appeal. The evidence did not...

Citation
[2013] ZASCA 93
Parties
Appellant: Knox D'Arcy AG; Appellant: Knox D'Arcy Limited; Respondent: Land and Agricultural Development Bank of South Africa
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
5 June 2013
Case Number
654/12
Procedural Posture
Civil Appeal / Appeal From North Gauteng High Court, Pretoria
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Lewis, Maya, Petse, Erasmus, Swain
Legal Topics
Contract Interpretation, Cession of Book Debts, Pleadings and Material Facts, Settlement Agreement, Compliance With Accounting Standards
Commercial and Corporate Civil Procedure Contract Interpretation Cession of Book Debts Pleadings and Material Facts Settlement Agreement Compliance With Accounting Standards

Case Brief

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Parties

Knox D'Arcy AG

Appellant

Knox D'Arcy Limited

Appellant

Land and Agricultural Development Bank of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal From North Gauteng High Court, Pretoria

Legal Issues

  1. 1 Whether the appellants proved compliance with the provisions of the written settlement agreement entitling them to a cession of book debts by the respondent.
  2. 2 Whether the parties identified debts which met the criteria set out in clause 2.1 of the settlement agreement.
  3. 3 Whether the Land Bank was in breach of the terms of the settlement agreement.

Ratio Decidendi

The appeal failed because the appellants did not prove that the parties had identified debt meeting the criteria set out in clause 2.1 of the settlement agreement. Their pleadings were confined to the assertion that the parties had agreed on the identified debt, which was not supported by the evidence. The attempt to rely on a separate cause of action based on 'objective compliance' or fictional fulfilment was not pleaded or ventilated at trial, and thus could not be considered on appeal. The court reiterated the necessity and purpose of pleadings: parties must define the issues and material facts relied upon, and may not shift their case at trial or on appeal. The evidence did not...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs that include the costs of two counsel.