Mister Bread (Pty) Ltd v Member of the Executive Council for the Department of Education (102/2010) [2017] ZAECBHC 21 (20 November 2017)

Mister Bread (Pty) Ltd v Member of the Executive Council for the Department of Education (102/2010) [2017] ZAECBHC 21 (20 November 2017)

The court found that the parties had agreed in principle to the appointment of a referee to resolve disputes regarding quantum, subject to further agreement on the details of the appointment. The plaintiff had provided substantive discovery, and the defendant had an opportunity to conduct a reconciliation. The defendant's objections regarding the separation of merits and quantum, and alleged deficiencies in discovery, were found to be opportunistic and unsupported by the record. However, the relief sought by the plaintiff was premature as the parties had not agreed on the specific terms, scope, and remuneration of the referee. The court held that the appointment of a referee should...

Citation
[2017] ZAECBHC 21
Parties
Applicant: Mister Bread (Pty) Ltd; Respondent: Member of the Executive Council for the Department of Education
Court
Eastern Cape High Court, Bhisho
Jurisdiction
South Africa
Judgment Date
20 November 2017
Case Number
102/2010
Procedural Posture
Civil Application / Application for Appointment of Referee Under Section 38 of the Superior Courts Act
Outcome
Application for appointment of referee granted in principle, subject to further agreement on terms; costs awarded to applicant.
Judges
Hartle
Legal Topics
Appointment of Referee, Discovery of Documents, Quantum of Claim, Service Level Agreements, Cession of Claims
Civil Procedure Commercial and Corporate Appointment of Referee Discovery of Documents Quantum of Claim Service Level Agreements Cession of Claims

Case Brief

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Parties

Mister Bread (Pty) Ltd

Applicant

Member of the Executive Council for the Department of Education

Respondent

Procedural Posture

Civil Application / Application for Appointment of Referee Under Section 38 of the Superior Courts Act

Legal Issues

  1. 1 Whether the conditions for the appointment of a referee under section 38 of the Superior Courts Act have been met.
  2. 2 Whether the plaintiff has complied with its discovery obligations.
  3. 3 Whether the defendant's objections to the appointment of a referee are valid.

Ratio Decidendi

The court found that the parties had agreed in principle to the appointment of a referee to resolve disputes regarding quantum, subject to further agreement on the details of the appointment. The plaintiff had provided substantive discovery, and the defendant had an opportunity to conduct a reconciliation. The defendant's objections regarding the separation of merits and quantum, and alleged deficiencies in discovery, were found to be opportunistic and unsupported by the record. However, the relief sought by the plaintiff was premature as the parties had not agreed on the specific terms, scope, and remuneration of the referee. The court held that the appointment of a referee should...

Court Disposition

Application for appointment of referee granted in principle, subject to further agreement on terms; costs awarded to applicant.

Orders

  • It is declared that the parties' in principle agreement to appoint a referee, recorded in the pretrial minute dated 14 March 2016, should be given effect to, subject to further agreement on the referee, the scope of enquiry, powers, and remuneration.
  • Unless the parties reach agreement on the details by the date of the case management conference, the applicant may move a further application for appointment of a referee on appropriate terms.