Maloney and Others v Thebe Tourism Group (Pty) Ltd and Another (9435/2014) [2015] ZAGPPHC 162 (17 February 2015)

Maloney and Others v Thebe Tourism Group (Pty) Ltd and Another (9435/2014) [2015] ZAGPPHC 162 (17 February 2015)

The court held that the plaintiffs' particulars of claim were deficient in two respects: first, they failed to allege that the first defendant made misrepresentations to Travelex Ltd, which was necessary to establish the claim for wrongful interference in contract; second, they failed to sufficiently allege that the misrepresentations by the first defendant induced the plaintiffs to sell their shares to the first defendant at a reduced price. The absence of these essential averments meant that the particulars of claim did not disclose a cause of action. The exception was therefore upheld, but the plaintiffs were granted leave to amend their particulars of claim within 15 days.

Citation
[2015] ZAGPPHC 162
Parties
Plaintiff: Sean Maloney; Plaintiff: Gillian Maloney; Plaintiff: Evening Star (Pty) Ltd; Defendant: Thebe Tourism Group (Pty) Ltd; Defendant: FX Africa Foreign Exchange (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 February 2015
Case Number
9435/2014
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld; plaintiffs granted leave to amend particulars of claim; plaintiffs to pay costs of exception, including costs of two counsels.
Judges
M F Legodi
Legal Topics
Misrepresentation, Pleading Requirements, Wrongful Interference in Contract, Damages Calculation
Civil Procedure Commercial and Corporate Misrepresentation Pleading Requirements Wrongful Interference in Contract Damages Calculation

Case Brief

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Parties

Sean Maloney

Plaintiff

Gillian Maloney

Plaintiff

Evening Star (Pty) Ltd

Plaintiff

Thebe Tourism Group (Pty) Ltd

Defendant

FX Africa Foreign Exchange (Pty) Ltd

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose a cause of action for misrepresentation and wrongful interference in contract.
  2. 2 Whether the particulars of claim sufficiently allege that misrepresentations were made to Travelex Ltd.
  3. 3 Whether the particulars of claim sufficiently allege inducement by the first defendant to the plaintiffs to sell their shares at a reduced price.

Ratio Decidendi

The court held that the plaintiffs' particulars of claim were deficient in two respects: first, they failed to allege that the first defendant made misrepresentations to Travelex Ltd, which was necessary to establish the claim for wrongful interference in contract; second, they failed to sufficiently allege that the misrepresentations by the first defendant induced the plaintiffs to sell their shares to the first defendant at a reduced price. The absence of these essential averments meant that the particulars of claim did not disclose a cause of action. The exception was therefore upheld, but the plaintiffs were granted leave to amend their particulars of claim within 15 days.

Court Disposition

Exception upheld; plaintiffs granted leave to amend particulars of claim; plaintiffs to pay costs of exception, including costs of two counsels.

Orders

  • Exception is upheld.
  • Plaintiffs are granted an opportunity to amend their particulars of claim within 15 days from the date of handing down of this judgment.