VFT Automotive (Pty) Ltd v ABSA Bank Limited (28845/2019) [2021] ZAGPJHC 156 (21 May 2021)

VFT Automotive (Pty) Ltd v ABSA Bank Limited (28845/2019) [2021] ZAGPJHC 156 (21 May 2021)

The Court found that the proposed amendment to the particulars of claim was confusing, lacked coherence, and failed to establish a clear and logical cause of action. The allegations regarding the security for the floor plan facility were mutually destructive and did not provide a lucid narrative linking the plaintiff to the Fire Wings facility or the entitlement to the R1.6 million. The Court held that allowing the amendment would prejudice the defendant, as it would render the pleading excipiable and impossible to plead to. The objections raised by the defendant were sustained, and the application for amendment was dismissed.

Citation
[2021] ZAGPJHC 156
Parties
Plaintiff: VFT Automotive (Pty) Ltd; Defendant: ABSA Bank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 May 2021
Case Number
28845/2019
Procedural Posture
Amendment Application / Application for Leave to Amend Particulars of Claim After Objection
Outcome
Application for amendment dismissed with costs.
Judges
MMP Mdalana-Mayisela
Legal Topics
Amendment of Pleadings, Exception to Pleading, Floor Plan Facility, Mortgage Bond Security
Civil Procedure Banking and Finance Amendment of Pleadings Exception to Pleading Floor Plan Facility Mortgage Bond Security

Case Brief

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Parties

VFT Automotive (Pty) Ltd

Plaintiff

ABSA Bank Limited

Defendant

Procedural Posture

Amendment Application / Application for Leave to Amend Particulars of Claim After Objection

Legal Issues

  1. 1 Whether the proposed amendment to the particulars of claim is permissible under Rule 28 of the Uniform Rules of Court.
  2. 2 Whether the proposed amendment would render the pleading excipiable for want of a cause of action or make it vague and embarrassing.
  3. 3 Whether the defendant would be prejudiced by the proposed amendment.

Ratio Decidendi

The Court found that the proposed amendment to the particulars of claim was confusing, lacked coherence, and failed to establish a clear and logical cause of action. The allegations regarding the security for the floor plan facility were mutually destructive and did not provide a lucid narrative linking the plaintiff to the Fire Wings facility or the entitlement to the R1.6 million. The Court held that allowing the amendment would prejudice the defendant, as it would render the pleading excipiable and impossible to plead to. The objections raised by the defendant were sustained, and the application for amendment was dismissed.

Court Disposition

Application for amendment dismissed with costs.

Orders

  • The application for an amendment is dismissed with costs.