Paper and Tissue Solutions (Pty) Ltd v Jacques Viljoen Attorneys and Others (22116/2017) [2019] ZAWCHC 118 (5 September 2019)

Paper and Tissue Solutions (Pty) Ltd v Jacques Viljoen Attorneys and Others (22116/2017) [2019] ZAWCHC 118 (5 September 2019)

The court found that the amended particulars of claim filed by Paper and Tissue Solutions (Pty) Ltd were vague and embarrassing and failed to disclose a cause of action in delict against the third, fourth, and fifth defendants. The pleadings did not establish privity of contract or mandate between the plaintiff and...

Source-derived case information.

Citation
[2019] ZAWCHC 118
Parties
Plaintiff: Paper and Tissue Solutions (Pty) Ltd; First Defendant: Jacques Viljoen Attorneys; Second Defendant: Thomson Wilks Incorporated; Third Defendant: Ward Ward & Pienaar Attorneys; Fourth Defendant: The Sheriff of Goodwood; Fifth Defendant: Andre Daniels; Sixth Defendant: Coleman Street Properties (Pty) Ltd
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
5 September 2019
Case Number
22116/2017
Procedural Posture
Civil Procedure / Exceptions to Amended Particulars of Claim; Interlocutory Hearing
Outcome
Exceptions upheld; plaintiff granted one month to amend particulars of claim, failing which claims against third, fourth, and fifth defendants will be dismissed with costs.
Judges
P.A.L.Gamble
Legal Topics
Exception Procedure, Vague and Embarrassing Pleading, Mandate and Privity, Pure Economic Loss, Duty of Care, Apportionment of Damages
Civil Procedure Delict Exception Procedure Vague and Embarrassing Pleading Mandate and Privity Pure Economic Loss Duty of Care Apportionment of Damages

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Parties

Paper and Tissue Solutions (Pty) Ltd

Plaintiff

Jacques Viljoen Attorneys

First Defendant

Thomson Wilks Incorporated

Second Defendant

Ward Ward & Pienaar Attorneys

Third Defendant

The Sheriff of Goodwood

Fourth Defendant

Andre Daniels

Fifth Defendant

Coleman Street Properties (Pty) Ltd

Sixth Defendant

Procedural Posture

Civil Procedure / Exceptions to Amended Particulars of Claim; Interlocutory Hearing

Legal Issues

  1. 1 Whether the amended particulars of claim are vague and embarrassing and excipiable.
  2. 2 Whether the particulars of claim disclose a cause of action in delict against the third, fourth, and fifth defendants.
  3. 3 Whether the plaintiff has pleaded sufficient facts to establish wrongfulness, fault, and causation for delictual liability.

Ratio Decidendi

The court found that the amended particulars of claim filed by Paper and Tissue Solutions (Pty) Ltd were vague and embarrassing and failed to disclose a cause of action in delict against the third, fourth, and fifth defendants. The pleadings did not establish privity of contract or mandate between the plaintiff and the attorneys, nor did they set out sufficient grounds of negligence, wrongfulness, or causation required for delictual liability. The claims against the sheriff and Daniels were not supported by allegations of statutory breach or duty of care, and the particulars of claim lacked clarity, conciseness, and the necessary legal foundation. The exceptions raised by the third,...

Court Disposition

Exceptions upheld; plaintiff granted one month to amend particulars of claim, failing which claims against third, fourth, and fifth defendants will be dismissed with costs.

Orders

  • The exceptions in respect of the Third, Fourth and Fifth Defendants are upheld and the Plaintiff is given one month from the date of judgment to file any Notice of Intention to Amend its Amended Particulars of Claim.
  • If the plaintiff does not file such notice within one month, the claims against the Third, Fourth and Fifth defendants shall be regarded as dismissed with costs.