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[2010] ZAGPJHC 182
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Bluhm Burton Engineering (Pty) Ltd v Nova Risk Partners Ltd and Others (00075/08) [2010] ZAGPJHC 182 (2 December 2010)
IN SOUTH GAUTENG HIGH COURT
JOHANNESBURG
CASE NO
: 00075/08
DATE
: 02/12/2010
In
the matter between
BLUHM BURTON ENGINEERING (PTY)
LTD
..................................
Plaintiff
and
NOVA RISK PARTNERS
LIMITED
…................................................
First
Defendant
WSP GROUP SA (PTY) LIMITED
…......................................
Second
Defendant
GUARANTEE PLACINGS (PTY) LIMITED
…...................................
Third Defendant
J U D G M E N T
WILLIS J
:
[1] The applicant has made an application for an order as follows:-
“That
the plaintiff’s combined summons be amended by the deletion of
the word ‘group’, and the substitution
therefor of the
words ‘Consulting Engineers’ in the citation of the
second defendant on the face of the summons in
paragraph 3 of the
particulars of claim and costs of suit.”
[2] It is common cause, and indeed quite clear from the papers before
me, that the agreement upon which the plaintiff relies is
an
agreement concluded with WSP Consulting Engineers SA (Pty) Ltd. It
is trite that the purpose of pleadings is to allow a full
and proper
ventilation of the issue. Accordingly, in order to allow a
ventilation of the issues fully the amendment shall be allowed.
[3] Insofar as costs is concerned, it seems to me that the
appropriate order is to direct that the costs be costs in the cause.
[4] Accordingly, an order is made in terms of prayer 1 of the notice
of motion dated 14 July 2010 and it is ordered that the costs
of the
application be costs in the cause.
Counsel for the Applicant: Adv
J
Peter
SC
Attorneys for the Applicant: Fluxmans Inc.
Counsel for the Respondent (Second Defendant): Adv
J.F.
Steyn
Attorneys
for the Respondent (Second Defendant): Deneys Reitz Inc
Date of hearing: 2
nd
December, 2010
Date
of judgment: 2
nd
December, 2010