Lekkerrus Bestuursonderneming v Coetzer and Others (34620/09) [2010] ZAGPPHC 253 (17 December 2010)

Lekkerrus Bestuursonderneming v Coetzer and Others (34620/09) [2010] ZAGPPHC 253 (17 December 2010)

The court found that claim 5 under case 11748/07 is still pending and the current matter was introduced with a view to consolidation. Although some defendants in case 34620/09 are not parties in case 11748/07, they will become parties after consolidation. The plaintiff's particulars of claim, including the cancellation letter of the management agreement, sufficiently disclose a cause of action. The court held that the manner in which the plaintiff's particulars of claim are set out is not objectionable and that the grounds of exception do not warrant upholding the exception. The exception was therefore dismissed with costs.

Citation
[2010] ZAGPPHC 253
Parties
Plaintiff: Lekkerrus Bestuursonderneming; Defendant: G. J. B. Coetzer; Defendant: H. R. Lemmer; Defendant: C. L. Viljoen; Defendant: R. C. Frobes; Defendant: E. Myburgh; Defendant: N. C. van den Berg; Defendant: J. A. Loubser; Defendant: D. P. Visagie
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 December 2010
Case Number
34620/09
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Msimeki
Legal Topics
Exception to Particulars of Claim, Management Agreement, Consolidation of Actions, Personal Liability of Members
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Management Agreement Consolidation of Actions Personal Liability of Members

Case Brief

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Parties

Lekkerrus Bestuursonderneming

Plaintiff

G. J. B. Coetzer

Defendant

H. R. Lemmer

Defendant

C. L. Viljoen

Defendant

R. C. Frobes

Defendant

E. Myburgh

Defendant

N. C. van den Berg

Defendant

J. A. Loubser

Defendant

D. P. Visagie

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's particulars of claim disclose a cause of action against the defendants.
  2. 2 Whether the alternative claim to claim 5 under case 11748/07 is permissible in the current proceedings.
  3. 3 Whether the defendants can be held personally liable for the actions of the club as a voluntary association.

Ratio Decidendi

The court found that claim 5 under case 11748/07 is still pending and the current matter was introduced with a view to consolidation. Although some defendants in case 34620/09 are not parties in case 11748/07, they will become parties after consolidation. The plaintiff's particulars of claim, including the cancellation letter of the management agreement, sufficiently disclose a cause of action. The court held that the manner in which the plaintiff's particulars of claim are set out is not objectionable and that the grounds of exception do not warrant upholding the exception. The exception was therefore dismissed with costs.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.