Stadsraad van Bloemfontein v Young & Hattingh (729/93) [1996] ZASCA 61 (30 May 1996)

Stadsraad van Bloemfontein v Young & Hattingh (729/93) [1996] ZASCA 61 (30 May 1996)

The Supreme Court of Appeal held that the expression 'the work' in clauses 7 and 10 of the competition rules must be interpreted to mean the erection of a civic centre according to the winning design, with or without modifications, and not any civic centre on De Villiers Square. The court found that the trial judge erred in adopting a broader interpretation. The appointment of the quantity surveyor was conditional upon the council proceeding with the winning design, not any design. The court also granted condonation for the appellant's late filing of the record and power of attorney, finding the delay not unreasonable and that no prejudice was suffered by the respondent. Costs incurred...

Citation
[1996] ZASCA 61
Parties
Appellant: Stadsraad van Bloemfontein; Respondent: Young & Hattingh
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 May 1996
Case Number
729/93
Procedural Posture
Civil Appeal / Petition for Condonation and Appeal on Interpretation of Contract Clauses
Outcome
Appeal partially upheld; condonation granted for late filing; costs apportioned.
Judges
Hefer, Vivier, F H Grosskopf, Harms, Plewman
Legal Topics
Contract Interpretation, Condonation of Late Filing, Professional Appointments, Costs Orders
Commercial and Corporate Civil Procedure Contract Interpretation Condonation of Late Filing Professional Appointments Costs Orders

Case Brief

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Parties

Stadsraad van Bloemfontein

Appellant

Young & Hattingh

Respondent

Procedural Posture

Civil Appeal / Petition for Condonation and Appeal on Interpretation of Contract Clauses

Legal Issues

  1. 1 Whether the words 'the work' in clauses 7 and 10 of the competition rules refer to the erection of a civic centre according to the winning design, or more broadly to any civic centre on De Villiers Square.
  2. 2 Whether the second paragraph of clause 10 constitutes a condition precedent for the appointment of the quantity surveyor or a term of such appointment.
  3. 3 Whether condonation should be granted for the appellant's late filing of the record and power of attorney.

Ratio Decidendi

The Supreme Court of Appeal held that the expression 'the work' in clauses 7 and 10 of the competition rules must be interpreted to mean the erection of a civic centre according to the winning design, with or without modifications, and not any civic centre on De Villiers Square. The court found that the trial judge erred in adopting a broader interpretation. The appointment of the quantity surveyor was conditional upon the council proceeding with the winning design, not any design. The court also granted condonation for the appellant's late filing of the record and power of attorney, finding the delay not unreasonable and that no prejudice was suffered by the respondent. Costs incurred...

Court Disposition

Appeal partially upheld; condonation granted for late filing; costs apportioned.

Orders

  • The appellant and petitioner in the condonation application are substituted by the Bloemfontein Local Transitional Council.
  • The appellant's failure to file the power of attorney and record timeously is condoned.