Peet v Ross (04/30267)
Peet v Ross (04/30267) [2005] ZAGPHC 381 (3 November 2005)
The court held that motion proceedings are not permissible for claims of unliquidated damages, as established in Williams v Tunstall and Room Hire Co. v Jeppe Street Mansions. The applicant failed to provide sufficient facts to establish a proper judicial assessment of damages or to support personal liability against the respondent. The respondent, as CEO of Edcon, was not shown to have performed, authorised, directed, or procured any wrongful act. The claim was found to be vexatious, and the application was dismissed with costs on an attorney and own client scale.
Source excerpt
- Motion Proceedings For Unliquidated Damages
- Vicarious Liability
- Personal Liability Of Company Directors
- Wrongful Arrest And Detention