South African Broadcasting Corporation v BGC Productions CC (A3031/2016) [2016] ZAGPJHC 294 (21 October 2016)

South African Broadcasting Corporation v BGC Productions CC (A3031/2016) [2016] ZAGPJHC 294 (21 October 2016)

The decisive issue was whether BGC Productions delivered the 30" Bells whiskey commercial to the SABC. The evidence established that, by 14 July 2011, BGC Productions had furnished all requested information regarding delivery, including the courier and waybill details. The SABC did not respond to confirm non-receipt and continued to broadcast the program without the commercial, despite its contractual obligation. The court found that BGC Productions discharged its onus to prove delivery and that the SABC breached its obligation by failing to flight the commercial. Damages were calculated for the remaining episodes after 14 July 2011, amounting to R132,924. The court held that issues not...

Citation
[2016] ZAGPJHC 294
Parties
Appellant: South African Broadcasting Corporation; Respondent: BGC Productions CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 October 2016
Case Number
A3031/2016
Procedural Posture
Civil Appeal / Appeal From the Court a Quo; Cross Appeal Considered
Outcome
Appeal dismissed with costs; cross-appeal succeeds in part; damages awarded to BGC Productions; SABC's counterclaim dismissed.
Judges
Opperman, Vally
Legal Topics
Oral Contract, Breach of Contract, Damages Calculation, Advertiser Funded Program, Evidence on Unpleaded Issues
Commercial and Corporate Civil Procedure Oral Contract Breach of Contract Damages Calculation Advertiser Funded Program Evidence on Unpleaded Issues

Case Brief

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Parties

South African Broadcasting Corporation

Appellant

BGC Productions CC

Respondent

Procedural Posture

Civil Appeal / Appeal From the Court a Quo; Cross Appeal Considered

Legal Issues

  1. 1 What were the material terms of the oral sponsorship agreement between BGC Productions and the SABC.
  2. 2 Did BGC Productions deliver the 30" Bells whiskey commercial to the SABC as required under the agreement.
  3. 3 Did the SABC breach its contractual obligation to flight the 30" commercial during each episode.

Ratio Decidendi

The decisive issue was whether BGC Productions delivered the 30" Bells whiskey commercial to the SABC. The evidence established that, by 14 July 2011, BGC Productions had furnished all requested information regarding delivery, including the courier and waybill details. The SABC did not respond to confirm non-receipt and continued to broadcast the program without the commercial, despite its contractual obligation. The court found that BGC Productions discharged its onus to prove delivery and that the SABC breached its obligation by failing to flight the commercial. Damages were calculated for the remaining episodes after 14 July 2011, amounting to R132,924. The court held that issues not...

Court Disposition

Appeal dismissed with costs; cross-appeal succeeds in part; damages awarded to BGC Productions; SABC's counterclaim dismissed.

Orders

  • The appeal is dismissed with costs.
  • The cross-appeal succeeds to the extent set out in the judgment.