Tee Que Trading Services (Pty) Ltd v Nedbank Limited (66203/14) [2019] ZAGPPHC 195 (31 May 2019)

Tee Que Trading Services (Pty) Ltd v Nedbank Limited (66203/14) [2019] ZAGPPHC 195 (31 May 2019)

The court found that the proposed amendment does not introduce a new debt or cause of action. The substance of the claim remains unchanged, and the amendment merely clarifies the particulars of claim. No new factual allegations are introduced. The defendant's objection is overly technical and not based on reasonable grounds. As the amendment does not introduce a new debt, the issues of prescription and abandonment do not arise. The application for leave to amend is granted, and costs are awarded against the defendant for opposing the amendment without reasonable basis.

Citation
[2019] ZAGPPHC 195
Parties
Applicant: Tee Que Trading Services (Pty) Ltd; Respondent: Nedbank Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
31 May 2019
Case Number
66203/14
Procedural Posture
Leave to Amend / Application for Leave to Amend Particulars of Claim
Outcome
Application for leave to amend granted; costs awarded against the defendant.
Judges
Matebese
Legal Topics
Amendment of Pleadings, Prescription Act, Cause of Action, Costs Order
Civil Procedure Commercial and Corporate Amendment of Pleadings Prescription Act Cause of Action Costs Order

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Parties

Tee Que Trading Services (Pty) Ltd

Applicant

Nedbank Limited

Respondent

Procedural Posture

Leave to Amend / Application for Leave to Amend Particulars of Claim

Legal Issues

  1. 1 Does the proposed amendment introduce a new debt under the Prescription Act.
  2. 2 Has the alleged debt prescribed under section 11(d) and 12(1) of the Prescription Act.
  3. 3 Did the plaintiff abandon the process that interrupted prescription, resulting in lapse under section 15(2) of the Prescription Act.

Ratio Decidendi

The court found that the proposed amendment does not introduce a new debt or cause of action. The substance of the claim remains unchanged, and the amendment merely clarifies the particulars of claim. No new factual allegations are introduced. The defendant's objection is overly technical and not based on reasonable grounds. As the amendment does not introduce a new debt, the issues of prescription and abandonment do not arise. The application for leave to amend is granted, and costs are awarded against the defendant for opposing the amendment without reasonable basis.

Court Disposition

Application for leave to amend granted; costs awarded against the defendant.

Orders

  • The plaintiff is granted leave to amend its particulars of claim as proposed in the Notice dated 6 June 2018.
  • The defendant shall pay the costs of the application.