Koukoudis and Another v Abrina and Another (20747/2014) [2016] ZASCA 95; [2016] 3 All SA 398 (SCA); 2016 (5) SA 352 (SCA) (2 June 2016)

Koukoudis and Another v Abrina and Another (20747/2014) [2016] ZASCA 95; [2016] 3 All SA 398 (SCA); 2016 (5) SA 352 (SCA) (2 June 2016)

The Supreme Court of Appeal held that the respondents failed to prove both the subjective and objective requirements for a claim based on abuse of rights. The evidence did not establish that the appellants acted with the sole or predominant intention to harm the respondents; rather, the objection and appeal were motivated by a legitimate commercial interest in protecting the value and viability of the Mall@Reds shopping centre. The court found that the respondents' case was speculative and lacked cogency, and that the appellants' conduct was not wrongful under South African law. The appeal succeeded, and the respondents' claims were dismissed with costs.

Citation
[2016] ZASCA 95
Parties
Appellant: Christos Koukoudis; Appellant: Proc Corp 160 (Pty) Ltd; Respondent: Abrina 1772 (Pty) Ltd; Respondent: Inter-Active Trading 626 (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
2 June 2016
Case Number
20747/2014
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria
Outcome
Appeal upheld; respondents' claims dismissed with costs.
Judges
Leach, Majiedt, Pillay, Victor, Baartman
Legal Topics
Abuse of Rights, Pure Economic Loss, Wrongfulness, Township Establishment, Statutory Objection, Damages for Delay
Delict Land and Property Civil Procedure Abuse of Rights Pure Economic Loss Wrongfulness Township Establishment Statutory Objection +1 more

Case Brief

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Parties

Christos Koukoudis

Appellant

Proc Corp 160 (Pty) Ltd

Appellant

Abrina 1772 (Pty) Ltd

Respondent

Inter-Active Trading 626 (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Pretoria

Legal Issues

  1. 1 Whether the appellants abused their statutory right to object to the establishment of a township, rendering their conduct unlawful.
  2. 2 Whether the respondents established both the subjective and objective requirements for a claim based on abuse of rights.
  3. 3 Whether the appellants' objection and appeal were motivated solely by an intention to harm the respondents, or to protect a legitimate commercial interest.

Ratio Decidendi

The Supreme Court of Appeal held that the respondents failed to prove both the subjective and objective requirements for a claim based on abuse of rights. The evidence did not establish that the appellants acted with the sole or predominant intention to harm the respondents; rather, the objection and appeal were motivated by a legitimate commercial interest in protecting the value and viability of the Mall@Reds shopping centre. The court found that the respondents' case was speculative and lacked cogency, and that the appellants' conduct was not wrongful under South African law. The appeal succeeded, and the respondents' claims were dismissed with costs.

Court Disposition

Appeal upheld; respondents' claims dismissed with costs.

Orders

  • The appeal succeeds with costs, including the costs of two counsel.
  • The order of the court a quo is set aside and replaced with: (a) The plaintiffs’ claims are dismissed. (b) The plaintiffs are ordered to pay the defendants’ costs jointly and severally, the one paying the other to be absolved, such costs to include: (i) The costs of 27 and 28 January 2014 until 11h30; (ii) The...