Turvey Broers (Pty) Ltd v Orcin Investra 4 (Pty) Ltd ta Mountain View Nursery (1571/2019) [2021] ZAMPMBHC 70 (13 December 2021)

Turvey Broers (Pty) Ltd v Orcin Investra 4 (Pty) Ltd ta Mountain View Nursery (1571/2019) [2021] ZAMPMBHC 70 (13 December 2021)

The court found that the agreements between the parties were partly written and partly oral, with the written terms set out in the pro forma invoices. It was a tacit term of the agreements that the trees supplied by the defendant would comply with SAMAC standards, given the defendant's accreditation and marketing. The defendant repudiated the agreement by failing to have sufficient compliant trees available at its nursery in July 2018, prior to the delivery date, and by failing to rebut evidence of non-compliance with SAMAC standards. The retention of the deposit by the defendant was found to be excessive and out of proportion to any prejudice suffered, and the plaintiff was entitled to...

Citation
[2021] ZAMPMBHC 70
Parties
Plaintiff: Turvey Broers (Pty) Ltd; Defendant: Orcin Investra 4 (Pty) Ltd ta Mountain View Nursery
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
13 December 2021
Case Number
1571/2019
Procedural Posture
Civil Trial / Final Judgment
Outcome
Plaintiff's claim for repayment of deposit and balance of account succeeds; damages claim is dismissed.
Judges
Greyling-Coetzer AJ
Legal Topics
Sale of Goods, Contractual Repudiation, Tacit Terms, Conventional Penalties Act, Damages for Breach, Quality Standards
Commercial and Corporate Civil Procedure Sale of Goods Contractual Repudiation Tacit Terms Conventional Penalties Act Damages for Breach Quality Standards

Case Brief

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Parties

Turvey Broers (Pty) Ltd

Plaintiff

Orcin Investra 4 (Pty) Ltd ta Mountain View Nursery

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether it was a tacit or implied term of the agreements that the defendant had to comply with SAMAC standards.
  2. 2 Whether the agreements, especially relating to pro forma invoice PRO 0000217, were oral, written, or partly oral and partly written.
  3. 3 Whether the defendant repudiated or breached the agreement under pro forma invoice PRO 0000217.

Ratio Decidendi

The court found that the agreements between the parties were partly written and partly oral, with the written terms set out in the pro forma invoices. It was a tacit term of the agreements that the trees supplied by the defendant would comply with SAMAC standards, given the defendant's accreditation and marketing. The defendant repudiated the agreement by failing to have sufficient compliant trees available at its nursery in July 2018, prior to the delivery date, and by failing to rebut evidence of non-compliance with SAMAC standards. The retention of the deposit by the defendant was found to be excessive and out of proportion to any prejudice suffered, and the plaintiff was entitled to...

Court Disposition

Plaintiff's claim for repayment of deposit and balance of account succeeds; damages claim is dismissed.

Orders

  • The defendant is ordered to pay the plaintiff the amount of R409,489.60.
  • The defendant is ordered to pay interest on R409,489.60 at the prescribed rate, ex tempore morae.