Pahtkki Boerdery (Edms) Bpk en Anders v PJ BOTH NO en Ander (A203/2008) [2010] ZAFSHC 38 (22 April 2010)

Pahtkki Boerdery (Edms) Bpk en Anders v PJ BOTH NO en Ander (A203/2008) [2010] ZAFSHC 38 (22 April 2010)

The court found that the first respondent, appointed as expert under the settlement agreement, acted within his mandate by using standard agricultural models and industry practices to determine input costs, given the impossibility of calculating actual costs from the available documentation. The applicants failed to demonstrate that the expert's determination was unreasonable, irregular, or incorrect, or that it resulted in manifest unfairness. The legal principles governing expert determination do not require the expert to conduct a judicial inquiry or to hear submissions from all parties. The application for review was accordingly dismissed with costs.

Citation
[2010] ZAFSHC 38
Parties
Applicant: Pahtiki Boerdery (Edms) Bpk; Applicant: Aktiewe Boerdery BK; Applicant: Aletta Fourie; Respondent: P J Botha N.O.; Respondent: G P Scheepers
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
22 April 2010
Case Number
A203/2008
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Hancke, R, Ebrahim, R
Legal Topics
Expert Determination, Review of Expert Finding, Contractual Settlement, Costs Award
Civil Procedure Commercial and Corporate Expert Determination Review of Expert Finding Contractual Settlement Costs Award

Case Brief

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Parties

Pahtiki Boerdery (Edms) Bpk

Applicant

Aktiewe Boerdery BK

Applicant

Aletta Fourie

Applicant

P J Botha N.O.

Respondent

G P Scheepers

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the first respondent, appointed as expert, acted contrary to the settlement agreement by determining standard input costs instead of actual input costs.
  2. 2 Whether the expert's determination is reviewable on grounds of material misdirection or mistake of fact.
  3. 3 Whether the applicants suffered manifest unfairness due to the expert's method of calculation.

Ratio Decidendi

The court found that the first respondent, appointed as expert under the settlement agreement, acted within his mandate by using standard agricultural models and industry practices to determine input costs, given the impossibility of calculating actual costs from the available documentation. The applicants failed to demonstrate that the expert's determination was unreasonable, irregular, or incorrect, or that it resulted in manifest unfairness. The legal principles governing expert determination do not require the expert to conduct a judicial inquiry or to hear submissions from all parties. The application for review was accordingly dismissed with costs.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.