Richards v Ramsay Webber INC (4106/2020) [2024] ZAGPJHC 565 (28 May 2024)

Richards v Ramsay Webber INC (4106/2020) [2024] ZAGPJHC 565 (28 May 2024)

The court found that the defendant's application for leave to amend its plea was made in good faith and adequately explained, as the information available at the time of the original plea had changed following discussions between the parties. The amendment, including the withdrawal of the admission that the trust advanced R3-million and the averment that only R1.4-million was advanced by the trust and R1.6-million by the first plaintiff personally, would not cause incurable prejudice to the plaintiffs. Any prejudice was curable, as the plaintiffs could adduce further evidence if necessary. The amendment to deny the implied term of diligence was also granted, as it merely confirmed the...

Citation
[2024] ZAGPJHC 565
Parties
Plaintiff: Marianne Richards N.O.; Defendant: Ramsay Webber INC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
28 May 2024
Case Number
4106/2020
Procedural Posture
Civil Trial / Application for Leave to Amend Plea
Outcome
Leave to amend the defendant's plea granted; costs of the application to be costs in the trial.
Judges
Wilson
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Mandate and Negligence, Loan Agreement
Civil Procedure Commercial and Corporate Amendment of Pleadings Withdrawal of Admission Mandate and Negligence Loan Agreement

Case Brief

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Parties

Marianne Richards N.O.

Plaintiff

Ramsay Webber INC

Defendant

Procedural Posture

Civil Trial / Application for Leave to Amend Plea

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend its plea to withdraw an admission and introduce new averments.
  2. 2 Whether the amendment would cause incurable prejudice to the plaintiffs.
  3. 3 Whether the explanation for the withdrawal of the admission is made in good faith and is adequate.

Ratio Decidendi

The court found that the defendant's application for leave to amend its plea was made in good faith and adequately explained, as the information available at the time of the original plea had changed following discussions between the parties. The amendment, including the withdrawal of the admission that the trust advanced R3-million and the averment that only R1.4-million was advanced by the trust and R1.6-million by the first plaintiff personally, would not cause incurable prejudice to the plaintiffs. Any prejudice was curable, as the plaintiffs could adduce further evidence if necessary. The amendment to deny the implied term of diligence was also granted, as it merely confirmed the...

Court Disposition

Leave to amend the defendant's plea granted; costs of the application to be costs in the trial.

Orders

  • The defendant is granted leave to amend its plea in the manner set out in its notice of amendment dated 21 August 2023, with the addition of the words 'acting in her personal capacity' between 'plaintiff' and 'transferred' in paragraph 6.3.1.
  • The costs of this application will be costs in the trial.