Trustco Group International (Pty) Ltd and Others v Hahn & Hahn Incorporated (78757/2014)
Trustco Group International (Pty) Ltd and Others v Hahn & Hahn Incorporated (78757/2014) [2016] ZAGPPHC 475; 2016 BIP 57 (GP) (20 June 2016)
The court held that the plaintiffs' particulars of claim contain sufficient factual allegations to enable the defendant to plead to the issue of liability for negligence. The bifurcated procedure, seeking a declaration of liability before quantification of damages, is permissible under s 21(1)(c) of the Superior Courts Act and supported by precedent. The validity and infringement of the patent are relevant to quantum, not liability. The High Court retains jurisdiction to determine whether the defendant was negligent in executing its mandate, as the claim is based on breach of contract and fid…
Source excerpt
- Exception To Particulars Of Claim
- Patent Negligence
- Jurisdiction Of High Court
- Contract Of Mandate
- Fiduciary Duty Of Attorney