Supreme Court of Appeal of South Africa - 2004 June

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3 judgments

Citation	Judgment date
June 2004
De Jongh v Du Pisanie NO (220/2003) [2004] ZASCA 66 (1 June 2004) Court corrected an arithmetical error, recalculated curator bonis costs and substituted judgment awarding R3,163,116.80 with interest. Civil procedure – correction of clerical/arithmetical error in judgment – recalculation of awards and costs – substitution of order Damages – loss of earnings – correction of recorded figure – effect on curator bonis costs and total award Interest – application of Prescribed Rate of Interest Act 55 of 1975 from specified date Appeal – successful; trial court order set aside and replaced	1 June 2004
Price Waterhouse Coopers Inc and Others v National Potato Co-operative Ltd (448/2003) [2004] ZASCA 64 (1 June 2004) Reported Third‑party litigation funding is not automatically champertous or a defence, though funded suits may be restrained if they abuse court process. Civil procedure – third‑party litigation funding / pacta de quota litis – whether champerty contrary to public policy; interplay with Contingency Fees Act and constitutional right of access to courts. Illegality of financing agreement – not a defence to the underlying action between plaintiff and defendant. Abuse of process – funded litigation may be restrained where not bona fide; courts retain supervisory power to protect judicial integrity Costs – punitive costs and refusal to allow attorney’s perusal fee for frivolous supplementation of record	1 June 2004
Ukubona 2000 Electrical CC and Another v City Power Johannesburg (Pty) Ltd (155/2003) [2004] ZASCA 65 (1 June 2004) Reported Section 84(1) hypothec applies only to a seller-owner; lump-sum future-payment sales qualify as instalment sale transactions. Insolvency law – s 84(1) Insolvency Act – statutory hypothec – whether available to non-owner seller at time of sequestration Credit Agreements Act – definition of “instalment sale transaction” – includes lump-sum future-payment sales. Ownership reservation – requirement for part (b) of definition and consequences if absent Effect of s 84(1) – replacement of seller’s ownership by hypothec on sequestration	1 June 2004