Midslabs (Pty) Ltd v PMT Construction (Pty) Ltd (2016/69574) [2018] ZAGPPHC 255 (24 April 2018)

Midslabs (Pty) Ltd v PMT Construction (Pty) Ltd (2016/69574) [2018] ZAGPPHC 255 (24 April 2018)

The court held that there is no legal requirement that all material facts supporting a damages claim must be pleaded in the body of the pleading. It is permissible to attach a report to the pleading and refer to it in support of the claim for damages. Compliance with Rule 18(10) depends on whether, read together, the pleading and the attached report enable the opposite party to reasonably assess the quantum of the claim. Since the report was not before the court, no assessment could be made regarding its sufficiency, but the plaintiff's contention that all facts must be pleaded in the body of the pleading was rejected as unfounded. The exception was accordingly dismissed.

Citation
[2018] ZAGPPHC 255
Parties
Plaintiff: Midslabs (Pty) Ltd; Defendant: PMT Construction (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 April 2018
Case Number
2016/69574
Procedural Posture
Civil Procedure / Exception to Amended Counterclaim
Outcome
Exception dismissed.
Judges
Swanepoel
Legal Topics
Pleading Requirements, Damages Quantification, Exception Procedure, Uniform Rules of Court Rule 18
Civil Procedure Pleading Requirements Damages Quantification Exception Procedure Uniform Rules of Court Rule 18

Case Brief

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Parties

Midslabs (Pty) Ltd

Plaintiff

PMT Construction (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Amended Counterclaim

Legal Issues

  1. 1 Whether attaching a report to a pleading in support of a damages claim satisfies the requirements of Rule 18(10) of the Uniform Rules of Court.
  2. 2 Whether all material facts supporting a damages claim must be pleaded in the body of the pleading, or may be incorporated by reference to an attached report.
  3. 3 Whether the defendant's amended counterclaim is excipiable for vagueness or embarrassment.

Ratio Decidendi

The court held that there is no legal requirement that all material facts supporting a damages claim must be pleaded in the body of the pleading. It is permissible to attach a report to the pleading and refer to it in support of the claim for damages. Compliance with Rule 18(10) depends on whether, read together, the pleading and the attached report enable the opposite party to reasonably assess the quantum of the claim. Since the report was not before the court, no assessment could be made regarding its sufficiency, but the plaintiff's contention that all facts must be pleaded in the body of the pleading was rejected as unfounded. The exception was accordingly dismissed.

Court Disposition

Exception dismissed.

Orders

  • The exception is dismissed.