Remicor Consulting (Pty) Ltd v Triviron Project Management (Pty) Ltd (6490/2017) [2021] ZAGPJHC 520 (7 April 2021)

Remicor Consulting (Pty) Ltd v Triviron Project Management (Pty) Ltd (6490/2017) [2021] ZAGPJHC 520 (7 April 2021)

The court found that the defendant, as the operator of the joint venture and the party responsible for receiving instructions, payments, and maintaining accounting records, is obliged to plead sufficient particularity regarding the orders and invoices relating to project management services, the amounts payable to the plaintiff under the joint venture agreement, and the amounts actually paid. The defendant's blanket denials and failure to provide this information rendered the plea impermissibly vague and embarrassing, causing actionable prejudice to the plaintiff, who is unable to identify the case it must meet. The exceptions based on the fourth, sixth, eighth, and tenth complaints were...

Citation
[2021] ZAGPJHC 520
Parties
Applicant: Remicor Consulting (Pty) Ltd; Respondent: Triviron Project Management (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 April 2021
Case Number
6490/2017
Procedural Posture
Exception Application / Exception to Amended Plea; Interlocutory
Outcome
Exceptions upheld; defendant ordered to amend plea with necessary particularity; partial costs order against defendant.
Judges
DA Turner
Legal Topics
Vagueness and Embarrassment, Pleading Particularity, Joint Venture Agreement, Exception Procedure
Civil Procedure Commercial and Corporate Vagueness and Embarrassment Pleading Particularity Joint Venture Agreement Exception Procedure

Case Brief

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Parties

Remicor Consulting (Pty) Ltd

Applicant

Triviron Project Management (Pty) Ltd

Respondent

Procedural Posture

Exception Application / Exception to Amended Plea; Interlocutory

Legal Issues

  1. 1 Whether the defendant's amended plea is vague and embarrassing due to lack of particularity regarding the joint venture agreement and payments.
  2. 2 Whether the defendant is obliged to plead its version of the value of projects, amounts received, and payments made under the joint venture agreement.
  3. 3 Whether the defendant's blanket denials cause actionable prejudice to the plaintiff.

Ratio Decidendi

The court found that the defendant, as the operator of the joint venture and the party responsible for receiving instructions, payments, and maintaining accounting records, is obliged to plead sufficient particularity regarding the orders and invoices relating to project management services, the amounts payable to the plaintiff under the joint venture agreement, and the amounts actually paid. The defendant's blanket denials and failure to provide this information rendered the plea impermissibly vague and embarrassing, causing actionable prejudice to the plaintiff, who is unable to identify the case it must meet. The exceptions based on the fourth, sixth, eighth, and tenth complaints were...

Court Disposition

Exceptions upheld; defendant ordered to amend plea with necessary particularity; partial costs order against defendant.

Orders

  • The plaintiff's exceptions set out in the fourth, sixth, eighth and tenth complaints are upheld.
  • The defendant is ordered to amend its plea to provide the necessary particularity in answer to the plaintiff's allegations in paragraphs 14, 17, 18, 21, 22, 23, 24 and 26 of the particulars of claim, within 20 days of this order.