Youngman and Another v Kidz Emporium CC (2017/24696) [2018] ZAGPJHC 573 (30 August 2018)

Youngman and Another v Kidz Emporium CC (2017/24696) [2018] ZAGPJHC 573 (30 August 2018)

The court found that, while the defendant credibly denied possession of most requested documents, uncontested evidence established that monthly sales reports were submitted to the defendant by the previous franchisee. The defendant failed to provide a version contradicting this evidence. Therefore, the plaintiffs were entitled to inspection of the monthly sales reports for the relevant period. The court also considered the defendant's dilatory conduct in discovery and awarded costs to the plaintiffs, despite their limited success.

Citation
[2018] ZAGPJHC 573
Parties
Plaintiff: Claire Elizabeth Youngman; Plaintiff: Ashley Youngman; Defendant: Kidz Emporium CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 August 2018
Case Number
2017/24696
Procedural Posture
Interlocutory Application / Application to Compel Discovery Under Uniform Rule 35(7)
Outcome
Application granted in part; defendant ordered to make monthly sales reports available for inspection and to pay plaintiffs' costs.
Judges
L Adams
Legal Topics
Discovery of Documents, Uniform Rule 35, Interlocutory Relief, Costs Award
Civil Procedure Discovery of Documents Uniform Rule 35 Interlocutory Relief Costs Award

Case Brief

Summary, issues, holding and outcome

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Parties

Claire Elizabeth Youngman

Plaintiff

Ashley Youngman

Plaintiff

Kidz Emporium CC

Defendant

Procedural Posture

Interlocutory Application / Application to Compel Discovery Under Uniform Rule 35(7)

Legal Issues

  1. 1 Whether the defendant is obliged to produce monthly sales reports of the previous franchisee for inspection under Rule 35(3).
  2. 2 Whether the defendant is in possession or control of the requested financial documents and management accounts.
  3. 3 Whether costs should be awarded to the plaintiffs given partial success and defendant's conduct.

Ratio Decidendi

The court found that, while the defendant credibly denied possession of most requested documents, uncontested evidence established that monthly sales reports were submitted to the defendant by the previous franchisee. The defendant failed to provide a version contradicting this evidence. Therefore, the plaintiffs were entitled to inspection of the monthly sales reports for the relevant period. The court also considered the defendant's dilatory conduct in discovery and awarded costs to the plaintiffs, despite their limited success.

Court Disposition

Application granted in part; defendant ordered to make monthly sales reports available for inspection and to pay plaintiffs' costs.

Orders

  • The defendant is directed to make available for inspection by the plaintiffs the monthly sales reports of the previous franchisee for the 24 months preceding the franchise agreement.
  • The defendant shall pay the costs of this application.