Zandry v Randle Yachts cc (AC53/02) [2003] ZAWCHC 37; 2006 (5) SA 301 (C) (25 August 2003)

Zandry v Randle Yachts cc (AC53/02) [2003] ZAWCHC 37; 2006 (5) SA 301 (C) (25 August 2003)

The court held that Rule 36(6) does not require a party to make movable property available for inspection at a location chosen by the requesting party, but only to make it accessible at its current location. The plaintiff, by offering inspection of the yacht in Madagascar, complied with the rule. The court found that requiring relocation of the yacht would be unreasonable and contrary to the intention of the rule, which aims to minimize inconvenience and disruption. The application under Rule 30A(2) was therefore dismissed.

Citation
[2003] ZAWCHC 37
Parties
Plaintiff: Jean Dano Zandry; Defendant: Randle Yachts CC
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 August 2003
Case Number
AC53/02
Procedural Posture
Admiralty and Maritime Application / Interlocutory Application Under Rule 30 A(2)
Outcome
Application under Rule 30A(2) dismissed with costs.
Judges
D Van Reenen
Legal Topics
Inspection of Property, Rule 36 6, Rule 30a, Admiralty Jurisdiction Regulation Act, Costs Order
Admiralty and Maritime Civil Procedure Inspection of Property Rule 36 6 Rule 30a Admiralty Jurisdiction Regulation Act Costs Order

Case Brief

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Parties

Jean Dano Zandry

Plaintiff

Randle Yachts CC

Defendant

Procedural Posture

Admiralty and Maritime Application / Interlocutory Application Under Rule 30 A(2)

Legal Issues

  1. 1 Whether Rule 36(6) obliges a party to make movable property available for inspection at a location demanded by the requesting party or merely at the location where the property is situated.
  2. 2 Whether the plaintiff failed to comply with the Rule 36(6) notice by offering inspection of the yacht in Madagascar rather than South Africa.
  3. 3 Whether the application under Rule 30A(2) for compliance or striking out should be granted.

Ratio Decidendi

The court held that Rule 36(6) does not require a party to make movable property available for inspection at a location chosen by the requesting party, but only to make it accessible at its current location. The plaintiff, by offering inspection of the yacht in Madagascar, complied with the rule. The court found that requiring relocation of the yacht would be unreasonable and contrary to the intention of the rule, which aims to minimize inconvenience and disruption. The application under Rule 30A(2) was therefore dismissed.

Court Disposition

Application under Rule 30A(2) dismissed with costs.

Orders

  • The application in terms of Rule 30A(2) is dismissed with costs.