Van Den Heever v EFC Properties CC T/A Pam Golding (Margate) (1578/2008) [2014] ZAKZDHC 37 (15 September 2014)

Van Den Heever v EFC Properties CC T/A Pam Golding (Margate) (1578/2008) [2014] ZAKZDHC 37 (15 September 2014)

The court found that, except for a brief initial period, monthly payments to the plaintiff were advances against commission and not salary. Interest on advances was payable from 12 January 2006 at the prime rate, as agreed between the parties. Commission due to the plaintiff was to be calculated after deduction of outside introductions, royalties, and VAT. The plaintiff was not entitled to commission on cancelled sales unless the defendant received commission. The six percent commission rate on 'Colonial Sands' sales was confirmed, and the plaintiff was entitled to a portion thereof if recovered. The R30,000 relocation expense and the Preston College payment were advances for which the...

Citation
[2014] ZAKZDHC 37
Parties
Plaintiff: Willem van den Heever; Defendant: EFC Properties CC t/a Pam Golding (Margate)
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
15 September 2014
Case Number
1578/2008
Procedural Posture
Civil Trial / Final Judgment After Trial
Outcome
Judgment substantially for the defendant, with limited success for the plaintiff on the 'Colonial Sands' commission rate and accounting.
Judges
Lopes
Legal Topics
Agency Agreement, Commission Entitlement, Debate of Account, Interest on Advances, Outside Introductions, Relocation Expenses
Commercial and Corporate Civil Procedure Agency Agreement Commission Entitlement Debate of Account Interest on Advances Outside Introductions Relocation Expenses

Case Brief

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Parties

Willem van den Heever

Plaintiff

EFC Properties CC t/a Pam Golding (Margate)

Defendant

Procedural Posture

Civil Trial / Final Judgment After Trial

Legal Issues

  1. 1 Whether advances paid to the plaintiff constituted salary or repayable advances against commission.
  2. 2 Whether interest was payable on advances, and if so, from what date and at what rate.
  3. 3 How outside introductions affect the calculation of commission due to the plaintiff.

Ratio Decidendi

The court found that, except for a brief initial period, monthly payments to the plaintiff were advances against commission and not salary. Interest on advances was payable from 12 January 2006 at the prime rate, as agreed between the parties. Commission due to the plaintiff was to be calculated after deduction of outside introductions, royalties, and VAT. The plaintiff was not entitled to commission on cancelled sales unless the defendant received commission. The six percent commission rate on 'Colonial Sands' sales was confirmed, and the plaintiff was entitled to a portion thereof if recovered. The R30,000 relocation expense and the Preston College payment were advances for which the...

Court Disposition

Judgment substantially for the defendant, with limited success for the plaintiff on the 'Colonial Sands' commission rate and accounting.

Orders

  • The defendant succeeds on the issues of outside introductions, cancelled sales, the cancelled sale to Visser, relocation expenses, advances on commission versus salary, the Preston College payment, and interest (at the defendant’s banker’s prime rate from 12 January 2006 to date of payment).
  • The plaintiff succeeds on the issue of six percent commission due on 'Colonial Sands' sales.