Licinio and Others v Imvula Quality Protection (Pty) Ltd (2009/15228) [2015] ZAGPJHC 82 (20 March 2015)

Licinio and Others v Imvula Quality Protection (Pty) Ltd (2009/15228) [2015] ZAGPJHC 82 (20 March 2015)

The court found that the application for leave to amend the particulars of claim was improperly set down in the Trials Interlocutory Court. The Practice Directive for the 2015 First Term clearly excludes opposed applications for amendment from the matters to be heard in that court. The applicants failed to follow the prescribed procedure, did not obtain agreement for the hearing date, and ignored warnings from the respondent. The amendments sought were material and could not be treated as urgent or incidental matters suitable for the Trials Interlocutory Court. Accordingly, the application was struck off the roll and costs were awarded against the applicants.

Citation
[2015] ZAGPJHC 82
Parties
Applicant: Licinio Loureiro; Applicant: Vanessa Loureiro; Applicant: Luca-Filipe Loureiro; Applicant: Jean-Enrique Loureiro; Respondent: Imvula Quality Protection (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
20 March 2015
Case Number
2009/15228
Procedural Posture
Civil Application / Application to Strike Amendment From the Roll
Outcome
Application for leave to amend particulars of claim struck off the roll; costs awarded against applicants.
Judges
M A Makume
Legal Topics
Amendment of Pleadings, Practice Directives, Trial Interlocutory Court, Rule 28, Rule 6 11
Civil Procedure Amendment of Pleadings Practice Directives Trial Interlocutory Court Rule 28 Rule 6 11

Case Brief

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Parties

Licinio Loureiro

Applicant

Vanessa Loureiro

Applicant

Luca-Filipe Loureiro

Applicant

Jean-Enrique Loureiro

Applicant

Imvula Quality Protection (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Application to Strike Amendment From the Roll

Legal Issues

  1. 1 Whether the application for leave to amend particulars of claim should be heard in the Trials Interlocutory Court or the normal opposed motion court.
  2. 2 Whether the Practice Directive for the 2015 First Term permits such applications to be heard in the Trials Interlocutory Court.
  3. 3 Whether the applicants acted properly in enrolling the application without agreement or proper procedure.

Ratio Decidendi

The court found that the application for leave to amend the particulars of claim was improperly set down in the Trials Interlocutory Court. The Practice Directive for the 2015 First Term clearly excludes opposed applications for amendment from the matters to be heard in that court. The applicants failed to follow the prescribed procedure, did not obtain agreement for the hearing date, and ignored warnings from the respondent. The amendments sought were material and could not be treated as urgent or incidental matters suitable for the Trials Interlocutory Court. Accordingly, the application was struck off the roll and costs were awarded against the applicants.

Court Disposition

Application for leave to amend particulars of claim struck off the roll; costs awarded against applicants.

Orders

  • The application for leave to amend the plaintiff’s particulars of claim is struck off from the roll.
  • The applicants are ordered to pay the costs of this application, including the costs of two counsel.