Louhan Civil (Pty) Ltd / High Point JV v ACL Group (Pty) Ltd (2152/2013) [2019] ZAFSHC 103 (27 June 2019)

Louhan Civil (Pty) Ltd / High Point JV v ACL Group (Pty) Ltd (2152/2013) [2019] ZAFSHC 103 (27 June 2019)

The court found that the plaintiff's evidence regarding the defective work and the costs incurred to remedy the defects was credible, uncontroverted, and supported by expert testimony. The quantum claimed was justified by market norms and industry standards. As the defendant failed to appear and did not challenge the evidence, the court accepted the plaintiff's version and awarded damages as claimed. The plaintiff established its entitlement to damages arising from the breach of contract, and the quantum was proven on a balance of probabilities.

Citation
[2019] ZAFSHC 103
Parties
Plaintiff: Louhan Civil (Pty) Ltd / High Point JV; Defendant: ACL Group (Pty) Ltd
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 June 2019
Case Number
2152/2013
Procedural Posture
Civil Action / Quantum Determination After Judgment on Merits
Outcome
Judgment granted in favour of the plaintiff for payment of damages, interest, and costs.
Judges
V.M. Morobane
Legal Topics
Breach of Contract, Quantum of Damages, Construction Dispute
Commercial and Corporate Breach of Contract Quantum of Damages Construction Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Louhan Civil (Pty) Ltd / High Point JV

Plaintiff

ACL Group (Pty) Ltd

Defendant

Procedural Posture

Civil Action / Quantum Determination After Judgment on Merits

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages arising from the defendant's breach of contract.
  2. 2 Whether the quantum of damages claimed by the plaintiff is justified and proven.

Ratio Decidendi

The court found that the plaintiff's evidence regarding the defective work and the costs incurred to remedy the defects was credible, uncontroverted, and supported by expert testimony. The quantum claimed was justified by market norms and industry standards. As the defendant failed to appear and did not challenge the evidence, the court accepted the plaintiff's version and awarded damages as claimed. The plaintiff established its entitlement to damages arising from the breach of contract, and the quantum was proven on a balance of probabilities.

Court Disposition

Judgment granted in favour of the plaintiff for payment of damages, interest, and costs.

Orders

  • Judgment is granted against the defendant for payment of the amount of R976 545.51.
  • Interest on the amount of R976 545.51 at the rate of 15.5% per annum a tempore morae.