Paramount Property Fund Limited v Haupt (2015/32685) [2019] ZAGPJHC 22 (27 February 2019)

Paramount Property Fund Limited v Haupt (2015/32685) [2019] ZAGPJHC 22 (27 February 2019)

The particulars of claim do not allege any contractual obligation on Paramount Property Fund Limited to ensure that the goods remained on the premises until Haupt took delivery. The averment that the goods were present at the time of contract conclusion does not amount to a continuing obligation or warranty that the goods would remain until delivery. Therefore, the particulars of claim lack the necessary averments to sustain a cause of action for damages resulting from breach of contract, and the exception is upheld.

Citation
[2019] ZAGPJHC 22
Parties
Applicant: Paramount Property Fund Limited; Respondent: Sean Peter Haupt
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
27 February 2019
Case Number
2015/32685
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception upheld with costs. Leave granted to amend particulars of claim within 15 days.
Judges
P.A. Meyer
Legal Topics
Exception to Particulars of Claim, Breach of Contract, Damages, Rectification of Contract
Civil Procedure Commercial and Corporate Exception to Particulars of Claim Breach of Contract Damages Rectification of Contract

Case Brief

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Parties

Paramount Property Fund Limited

Applicant

Sean Peter Haupt

Respondent

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Does the particulars of claim contain the necessary averments to sustain an action for damages resulting from breach of contract?
  2. 2 Was there a contractual obligation on Paramount Property Fund Limited to ensure the goods remained on the premises until delivery to Haupt?
  3. 3 Is the claim for damages based on a breach of warranty or a deficiency in the quantity of goods sold?

Ratio Decidendi

The particulars of claim do not allege any contractual obligation on Paramount Property Fund Limited to ensure that the goods remained on the premises until Haupt took delivery. The averment that the goods were present at the time of contract conclusion does not amount to a continuing obligation or warranty that the goods would remain until delivery. Therefore, the particulars of claim lack the necessary averments to sustain a cause of action for damages resulting from breach of contract, and the exception is upheld.

Court Disposition

Exception upheld with costs. Leave granted to amend particulars of claim within 15 days.

Orders

  • The exception that the particulars of claim lack averments necessary to sustain a cause of action for damages resulting from breach of contract is upheld with costs.
  • The respondent (plaintiff) is given leave to amend the particulars of claim within 15 days from the date of this order.