Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017) [2021] ZAECPEHC 38 (13 July 2021)

Nordicbau Master Builder Renovator CC v Stapelberg Vervoer t/a Milltrans (601/2017) [2021] ZAECPEHC 38 (13 July 2021)

The court found that the defendant, as a carrier for reward, was negligent in transporting the plaintiff's tele-handlers, resulting in their damage. The evidence established that the plaintiff was the owner of the machines and had locus standi to claim damages. The loss of income suffered by the plaintiff was a...

Source-derived case information.

Citation
[2021] ZAECPEHC 38
Parties
Plaintiff: Nordicbau Master Builder & Renovator CC; Defendant: Stapelberg Vervoer t/a Milltrans
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
13 July 2021
Case Number
601/2017
Procedural Posture
Civil Trial / Liability Separated From Quantum; Trial on Liability Only
Outcome
Plaintiff succeeds on liability; defendant declared liable for consequential losses. Quantum of damages to be determined separately.
Judges
E Revelas
Legal Topics
Carriage of Goods for Reward, Contractual Damages, Consequential Loss, Negligence, Insurance Exclusion, Locus Standi
Commercial and Corporate Civil Procedure Carriage of Goods for Reward Contractual Damages Consequential Loss Negligence Insurance Exclusion Locus Standi

Source-derived case record

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Nordicbau Master Builder & Renovator CC

Plaintiff

Stapelberg Vervoer t/a Milltrans

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Trial on Liability Only

Legal Issues

  1. 1 Whether the defendant, as carrier for reward, is liable for consequential damages (loss of income) suffered by the plaintiff due to damage to its tele-handlers during transit.
  2. 2 Whether the plaintiff has locus standi and ownership of the tele-handlers to claim damages.
  3. 3 Whether the insurance policy between the defendant and Santam limits the plaintiff's claim for consequential damages.

Ratio Decidendi

The court found that the defendant, as a carrier for reward, was negligent in transporting the plaintiff's tele-handlers, resulting in their damage. The evidence established that the plaintiff was the owner of the machines and had locus standi to claim damages. The loss of income suffered by the plaintiff was a foreseeable and contemplated consequence of the breach of the carriage contract. The insurance policy between the defendant and Santam, which excluded consequential damages, did not limit the defendant's liability to the insured amount, nor did it affect the plaintiff's right to claim for loss of income. There was no agreement that the insurance payout constituted full and final...

Court Disposition

Plaintiff succeeds on liability; defendant declared liable for consequential losses. Quantum of damages to be determined separately.

Orders

  • It is declared that the defendant is liable to the plaintiff for consequential losses suffered arising from the damage to the two machines on 15 November 2015.
  • The quantification of the plaintiff's damages stands over.