Super Group (Pty) Ltd v Abonhlane Consulting (Pty) Ltd (19/558) [2020] ZAGPJHC 103 (23 April 2020)

Super Group (Pty) Ltd v Abonhlane Consulting (Pty) Ltd (19/558) [2020] ZAGPJHC 103 (23 April 2020)

The court held that the defendant's exception is not sustainable. The plaintiff's particulars of claim, when read as a whole and accepting all pleaded facts as true, disclose a cause of action. The oral agreement alleged by the plaintiff is not an amendment to the written agreement but a separate contract that shares similar terms. The non-variation clause in the written agreement does not preclude the existence of a separate oral agreement. The defendant can plead to the claim, and the triable issues will be identified at trial. The exception is therefore dismissed.

Citation
[2020] ZAGPJHC 103
Parties
Defendant: Super Group (Pty) Ltd; Plaintiff: Abonhlane Consulting (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 April 2020
Case Number
19/558
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception dismissed; costs awarded to the plaintiff.
Judges
Vally
Legal Topics
Non Variation Clause, Oral Agreement, Repudiation, Cause of Action, Contractual Damages
Civil Procedure Commercial and Corporate Non Variation Clause Oral Agreement Repudiation Cause of Action Contractual Damages

Case Brief

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Parties

Super Group (Pty) Ltd

Defendant

Abonhlane Consulting (Pty) Ltd

Plaintiff

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Does the plaintiff's particulars of claim disclose a cause of action in light of the non-variation clause in the written agreement?
  2. 2 Can an oral agreement between the plaintiff and defendant exist independently of the written agreement containing a non-variation clause?
  3. 3 Is the defendant's exception sustainable on the pleaded facts?

Ratio Decidendi

The court held that the defendant's exception is not sustainable. The plaintiff's particulars of claim, when read as a whole and accepting all pleaded facts as true, disclose a cause of action. The oral agreement alleged by the plaintiff is not an amendment to the written agreement but a separate contract that shares similar terms. The non-variation clause in the written agreement does not preclude the existence of a separate oral agreement. The defendant can plead to the claim, and the triable issues will be identified at trial. The exception is therefore dismissed.

Court Disposition

Exception dismissed; costs awarded to the plaintiff.

Orders

  • The exception is dismissed.
  • The excipient/defendant is to pay the costs.