Radio Network Solutions (Pty) Ltd and Another v Poynting Antennas (Pty) Ltd and Another (7715/2015) [2016] ZAGPPHC 227 (24 March 2016)

Radio Network Solutions (Pty) Ltd and Another v Poynting Antennas (Pty) Ltd and Another (7715/2015) [2016] ZAGPPHC 227 (24 March 2016)

The court found that the plaintiffs' particulars of claim, when read as a whole, are clear and sufficiently detailed to disclose a cause of action based on breach of contract and duty of care arising from the Memorandum of Understanding. The alleged failure of the defendants to act diligently and the resulting damages are adequately pleaded, and the mechanics of what constitutes diligent action are matters for evidence. The court distinguished the cited case law, noting that the plaintiffs' claim is contractual and not based on public interest policy. The exception was dismissed as the pleadings were not vague or embarrassing, and the defendants are able to plead to the claim.

Citation
[2016] ZAGPPHC 227
Parties
Plaintiff: Radio Network Solutions (Pty) Ltd; Plaintiff: Radio Network Solution Africa (Pty) Ltd; Defendant: Poynting Antennas (Pty) Ltd; Defendant: Poynting Holdings Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 March 2016
Case Number
7715/2015
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Mali AJ
Legal Topics
Memorandum of Understanding, Breach of Contract, Transactional Expenses, Duty of Care, Vague and Embarrassing Pleading
Commercial and Corporate Civil Procedure Memorandum of Understanding Breach of Contract Transactional Expenses Duty of Care Vague and Embarrassing Pleading

Case Brief

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Parties

Radio Network Solutions (Pty) Ltd

Plaintiff

Radio Network Solution Africa (Pty) Ltd

Plaintiff

Poynting Antennas (Pty) Ltd

Defendant

Poynting Holdings Limited

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiffs' particulars of claim disclose a cause of action.
  2. 2 Whether the particulars of claim are vague and embarrassing.
  3. 3 Whether the plaintiffs have sufficiently pleaded the basis for damages claimed.

Ratio Decidendi

The court found that the plaintiffs' particulars of claim, when read as a whole, are clear and sufficiently detailed to disclose a cause of action based on breach of contract and duty of care arising from the Memorandum of Understanding. The alleged failure of the defendants to act diligently and the resulting damages are adequately pleaded, and the mechanics of what constitutes diligent action are matters for evidence. The court distinguished the cited case law, noting that the plaintiffs' claim is contractual and not based on public interest policy. The exception was dismissed as the pleadings were not vague or embarrassing, and the defendants are able to plead to the claim.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.