Rennies Distribution Services (Pty) Ltd v Old Co-Fire Systems (Pty) Ltd (11896/2009) [2016] ZAKZDHC 25 (12 July 2016)

Rennies Distribution Services (Pty) Ltd v Old Co-Fire Systems (Pty) Ltd (11896/2009) [2016] ZAKZDHC 25 (12 July 2016)

The court found that the plaintiff failed to prove, on a balance of probabilities, that the defendant was negligent in the installation of the sprinkler feeder pipe or that any act or omission by the defendant caused the collapse and resulting damage. The evidence did not establish that poor installation or use of inadequate materials was the probable cause of failure. The court accepted that a forklift strike with a delayed effect was more probable than other explanations, but this was not attributed to the defendant's negligence. The doctrine of res ipsa loquitur was held to be inapplicable, as the plaintiff was able to investigate and lead evidence regarding the installation and the...

Citation
[2016] ZAKZDHC 25
Parties
Plaintiff: Rennies Distribution Services (Pty) Ltd; Defendant: Old Co-Fire Control Systems (Pty) Ltd
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
12 July 2016
Case Number
11896/2009
Procedural Posture
Civil Trial / Liability Separated From Quantum; Judgment on Liability
Outcome
Defendant absolved from the instance with costs, including costs of senior counsel.
Judges
Lopes
Legal Topics
Negligent Installation, Res Ipsa Loquitur, Burden of Proof, Expert Evidence, Causation, Contractual Liability
Delict Civil Procedure Commercial and Corporate Negligent Installation Res Ipsa Loquitur Burden of Proof Expert Evidence Causation +1 more

Case Brief

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Parties

Rennies Distribution Services (Pty) Ltd

Plaintiff

Old Co-Fire Control Systems (Pty) Ltd

Defendant

Procedural Posture

Civil Trial / Liability Separated From Quantum; Judgment on Liability

Legal Issues

  1. 1 Whether the defendant negligently installed the sprinkler feeder pipe resulting in its failure and consequent damage to stored goods.
  2. 2 Whether the collapse of the pipe was caused by a forklift strike or by defective installation.
  3. 3 Whether the doctrine of res ipsa loquitur applies to infer negligence in the circumstances.

Ratio Decidendi

The court found that the plaintiff failed to prove, on a balance of probabilities, that the defendant was negligent in the installation of the sprinkler feeder pipe or that any act or omission by the defendant caused the collapse and resulting damage. The evidence did not establish that poor installation or use of inadequate materials was the probable cause of failure. The court accepted that a forklift strike with a delayed effect was more probable than other explanations, but this was not attributed to the defendant's negligence. The doctrine of res ipsa loquitur was held to be inapplicable, as the plaintiff was able to investigate and lead evidence regarding the installation and the...

Court Disposition

Defendant absolved from the instance with costs, including costs of senior counsel.

Orders

  • The defendant is absolved from the instance with costs, such costs to include those consequent upon the employment of senior counsel.