Strydom v Engen Petroleum Limited (10222/2007) [2010] ZAGPPHC 607 (21 May 2010)

Strydom v Engen Petroleum Limited (10222/2007) [2010] ZAGPPHC 607 (21 May 2010)

The court found that the defendant's proposed amendment to withdraw the admission regarding the correctness of the financial statements was not properly explained, as the defendant himself introduced the reference to the financial statements and was in a position to know their correctness. Therefore, the withdrawal of this admission was refused. However, the court held that the amendments reinforcing the denial of indebtedness did not amount to a withdrawal of any admission and merely emphasized a point already made in the plea. The court was satisfied with the explanation for the late filing and granted condonation. The court concluded that the defendant should be granted leave to amend...

Citation
[2010] ZAGPPHC 607
Parties
Applicant: Ockie Strydom; Respondent: Engen Petroleum Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
21 May 2010
Case Number
10222/2007
Procedural Posture
Civil Application / Application for Amendment of Plea
Outcome
Application for amendment of plea granted in part; condonation for late filing granted; costs order that each party pays its own costs.
Judges
T M Makgoka
Legal Topics
Amendment of Pleadings, Withdrawal of Admission, Condonation for Late Filing
Civil Procedure Amendment of Pleadings Withdrawal of Admission Condonation for Late Filing

Case Brief

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Parties

Ockie Strydom

Applicant

Engen Petroleum Limited

Respondent

Procedural Posture

Civil Application / Application for Amendment of Plea

Legal Issues

  1. 1 Whether the defendant should be granted leave to amend his plea.
  2. 2 Whether the withdrawal of an admission in the plea is properly explained.
  3. 3 Whether the proposed amendment would prejudice the plaintiff.

Ratio Decidendi

The court found that the defendant's proposed amendment to withdraw the admission regarding the correctness of the financial statements was not properly explained, as the defendant himself introduced the reference to the financial statements and was in a position to know their correctness. Therefore, the withdrawal of this admission was refused. However, the court held that the amendments reinforcing the denial of indebtedness did not amount to a withdrawal of any admission and merely emphasized a point already made in the plea. The court was satisfied with the explanation for the late filing and granted condonation. The court concluded that the defendant should be granted leave to amend...

Court Disposition

Application for amendment of plea granted in part; condonation for late filing granted; costs order that each party pays its own costs.

Orders

  • The defendant is granted leave to amend his plea in accordance with paragraphs 6.1 and 6.2 of his notice of intention to amend dated 21 May 2009.
  • Leave to amend in accordance with paragraphs 6.3 and 6.4 of the said notice is refused.