Taljaard v Barnard and Another (1050/2019) [2019] ZAFSHC 133 (25 July 2019)

Taljaard v Barnard and Another (1050/2019) [2019] ZAFSHC 133 (25 July 2019)

The court found that the applicant had validly cancelled the sale agreement and addendum after the first respondent failed to pay the amounts due and did not rectify her breach despite proper notice. The first respondent's preliminary points regarding locus standi were dismissed, as the applicant was entitled to seek transfer of the liquor licence due to the original agreement with Mr Venter. The respondent's denials were found to be bare and insufficient to defeat the applicant's claims. The applicant was entitled to confirmation of cancellation, restoration of business assets and documentation, and transfer of the liquor licence. The court granted the relief sought in the amended notice...

Citation
[2019] ZAFSHC 133
Parties
Applicant: Stephanus Arnodus Taljaard; Respondent: Rhoda Barnard; Respondent: Any Unknown Occupiers of the Private Pub Situated at 23 Watkey Street, BFN
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 July 2019
Case Number
1050/2019
Procedural Posture
Urgent Application / Judgment
Outcome
Application granted; cancellation of agreement confirmed; orders for restoration of assets, documentation, and transfer of liquor licence issued; costs awarded against first respondent.
Judges
V.M. Morobane
Legal Topics
Contract Cancellation, Sale of Business, Specific Performance, Locus Standi, Eviction, Transfer of Liquor Licence
Commercial and Corporate Civil Procedure Contract Cancellation Sale of Business Specific Performance Locus Standi Eviction Transfer of Liquor Licence

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Parties

Stephanus Arnodus Taljaard

Applicant

Rhoda Barnard

Respondent

Any Unknown Occupiers of the Private Pub Situated at 23 Watkey Street, BFN

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to confirmation of cancellation of the sale agreement and addendum.
  2. 2 Whether the applicant is entitled to restoration of business assets and documentation.
  3. 3 Whether the applicant is entitled to the transfer of the liquor licence to his name.

Ratio Decidendi

The court found that the applicant had validly cancelled the sale agreement and addendum after the first respondent failed to pay the amounts due and did not rectify her breach despite proper notice. The first respondent's preliminary points regarding locus standi were dismissed, as the applicant was entitled to seek transfer of the liquor licence due to the original agreement with Mr Venter. The respondent's denials were found to be bare and insufficient to defeat the applicant's claims. The applicant was entitled to confirmation of cancellation, restoration of business assets and documentation, and transfer of the liquor licence. The court granted the relief sought in the amended notice...

Court Disposition

Application granted; cancellation of agreement confirmed; orders for restoration of assets, documentation, and transfer of liquor licence issued; costs awarded against first respondent.

Orders

  • Cancellation of the sale agreement and addendum is confirmed.
  • The first respondent must deliver all documentation and accounting books pertaining to Private Pub at 23 Watkey Street, Bloemfontein to the applicant.