Van Coller v Cemforce BK (4549/2004) [2009] ZAGPHC 3 (19 January 2009)

Van Coller v Cemforce BK (4549/2004) [2009] ZAGPHC 3 (19 January 2009)

The court found that the plaintiff and defendant entered into a binding oral agreement for the payment of commission on each VIP toilet supplied to the Johannesburg Water Board. The evidence established that the commission was initially set at R200 per toilet and later reduced to R130 per toilet by mutual agreement, with no further reduction accepted by the plaintiff. The defendant's attempt to introduce additional deductions for project costs was unsupported by the evidence and not agreed upon by the plaintiff. The defendant's own admissions and documentary evidence confirmed the existence and terms of the commission agreement. The plaintiff performed his obligations under the contract,...

Citation
[2009] ZAGPHC 3
Parties
Plaintiff: Adolf Johannes Van Coller; Defendant: Cemforce BK
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
19 January 2009
Case Number
4549/2004
Procedural Posture
Civil Trial / Final Judgment
Outcome
Judgment for the plaintiff.
Judges
Ebersohn
Legal Topics
Commission Agreement, Oral Contract, Performance of Contract, Quantum of Commission
Commercial and Corporate Commission Agreement Oral Contract Performance of Contract Quantum of Commission

Case Brief

Summary, issues, holding and outcome

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Parties

Adolf Johannes Van Coller

Plaintiff

Cemforce BK

Defendant

Procedural Posture

Civil Trial / Final Judgment

Legal Issues

  1. 1 Whether an enforceable oral commission agreement existed between the plaintiff and the defendant.
  2. 2 Whether the commission amount was validly reduced from R200 to R130 per toilet by mutual agreement.
  3. 3 Whether the plaintiff performed his obligations under the agreement and is entitled to the claimed commission.

Ratio Decidendi

The court found that the plaintiff and defendant entered into a binding oral agreement for the payment of commission on each VIP toilet supplied to the Johannesburg Water Board. The evidence established that the commission was initially set at R200 per toilet and later reduced to R130 per toilet by mutual agreement, with no further reduction accepted by the plaintiff. The defendant's attempt to introduce additional deductions for project costs was unsupported by the evidence and not agreed upon by the plaintiff. The defendant's own admissions and documentary evidence confirmed the existence and terms of the commission agreement. The plaintiff performed his obligations under the contract,...

Court Disposition

Judgment for the plaintiff.

Orders

  • Judgment is granted in favour of the plaintiff against the defendant in the amount of R277,000.00, with mora interest at 15.5% per annum calculated from 4 June 2003 until date of payment.
  • The defendant is ordered to pay the costs of the action, including all previously reserved costs.