Smit NO v Weideman (26229/05) [2006] ZAGPHC 223 (2 August 2006)

Smit NO v Weideman (26229/05) [2006] ZAGPHC 223 (2 August 2006)

The court held that the respondent's amended particulars of claim contain sufficient averments to sustain a cause of action for breach of contract and damages. The respondent pleaded the terms of the contract, the breach, the damages suffered, and the causal nexus between breach and damages. The damages claimed are not merely prospective but are immediately due and recoverable as reasonable costs incurred to remedy the applicant's failure to perform. The applicant's objections regarding vagueness, embarrassment, and lack of patrimonial loss were rejected, as the pleadings enable the applicant to prepare a defence and do not prejudice him. The exception was dismissed with costs.

Citation
[2006] ZAGPHC 223
Parties
Plaintiff: Olaf Christiaan Smit N.O; Defendant: Christo Gideon Weideman
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
2 August 2006
Case Number
26229/05
Procedural Posture
Civil Procedure / Exception to Particulars of Claim Under Rule 23
Outcome
Exception dismissed with costs.
Judges
Mokgoatlheng
Legal Topics
Breach of Contract, Damages Assessment, Exception Procedure, Pleading Requirements
Civil Procedure Commercial and Corporate Breach of Contract Damages Assessment Exception Procedure Pleading Requirements

Case Brief

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Parties

Olaf Christiaan Smit N.O

Plaintiff

Christo Gideon Weideman

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim Under Rule 23

Legal Issues

  1. 1 Whether the respondent's amended particulars of claim disclose a cause of action for breach of contract and damages.
  2. 2 Whether the particulars of claim are vague and embarrassing or lack sufficient particularity to sustain an action.
  3. 3 Whether the damages claimed are immediately due and recoverable or merely prospective.

Ratio Decidendi

The court held that the respondent's amended particulars of claim contain sufficient averments to sustain a cause of action for breach of contract and damages. The respondent pleaded the terms of the contract, the breach, the damages suffered, and the causal nexus between breach and damages. The damages claimed are not merely prospective but are immediately due and recoverable as reasonable costs incurred to remedy the applicant's failure to perform. The applicant's objections regarding vagueness, embarrassment, and lack of patrimonial loss were rejected, as the pleadings enable the applicant to prepare a defence and do not prejudice him. The exception was dismissed with costs.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed.
  • The applicant is ordered to pay the costs of the exception.