Unique Rope Experiences At Length CC v Visser N.O and Another (59644/14) [2015] ZAGPPHC 918 (2 December 2015)

Unique Rope Experiences At Length CC v Visser N.O and Another (59644/14) [2015] ZAGPPHC 918 (2 December 2015)

The court held that the exception was not appropriate in this matter because, even if the exception were upheld, the plaintiff would still be entitled to pursue the same loss of profit claim against the first defendant, and the claim for repair costs against both defendants would remain. The legal position regarding the interpretation of section 8(2) of the Civil Aviation Act is novel and has no precedent, and the inclusion of section 8(5) in the current Act distinguishes it from its predecessor. The court found that the exception would not eliminate unnecessary evidence and that the excipient had not satisfied the test that no cause of action could be made out on any possible reading of...

Citation
[2015] ZAGPPHC 918
Parties
Plaintiff: Unique Rope Experiences At Length CC; Defendant: Matthys Magiel Visser N.O.; Defendant: Evening Star Trading (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2015
Case Number
59644/14
Procedural Posture
Civil Procedure / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
Fourie
Legal Topics
Exception to Particulars of Claim, Strict Liability, Civil Aviation Act, Loss of Profit, Damages Quantification
Civil Procedure Land and Property Exception to Particulars of Claim Strict Liability Civil Aviation Act Loss of Profit Damages Quantification

Case Brief

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Parties

Unique Rope Experiences At Length CC

Plaintiff

Matthys Magiel Visser N.O.

Defendant

Evening Star Trading (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Exception to Particulars of Claim

Legal Issues

  1. 1 Whether the plaintiff's claim for loss of profit falls within the scope of section 8(2) of the Civil Aviation Act.
  2. 2 Whether an exception to part of a summons is appropriate where the claim is against multiple defendants.
  3. 3 Whether the particulars of claim disclose a cause of action in respect of the loss of profit claim.

Ratio Decidendi

The court held that the exception was not appropriate in this matter because, even if the exception were upheld, the plaintiff would still be entitled to pursue the same loss of profit claim against the first defendant, and the claim for repair costs against both defendants would remain. The legal position regarding the interpretation of section 8(2) of the Civil Aviation Act is novel and has no precedent, and the inclusion of section 8(5) in the current Act distinguishes it from its predecessor. The court found that the exception would not eliminate unnecessary evidence and that the excipient had not satisfied the test that no cause of action could be made out on any possible reading of...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed.
  • The excipients are ordered to pay the costs of the exception.