(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

JUDGMENT

VELDHUIZEN, J

Plaintiff sues the Defendant for the payment of commission on the sale of two properties. It appears from the pleadings that it is common cause that the Defendant on the 17 March 2007 granted an exclusive mandate to Fine and Country. The evidence before me shows that Fine and Country was a trade name under which the Plaintiff in terms of a franchise agreement did business as estate agents in real estate. It is common cause on the pleadings that the Defendant during the period of which the exclusive mandate was operative itself sold the properties for the amounts of R1.8 million and R2.2 million respectively.

In my view they have, on a balance of probabilities proved their case and they are entitled to the commission set out in the agreement of 7.5% on the sale of the properties.    The agreement also allows for value added tax to be added to the commission and, in my view, they would also be entitled to that.

Mr Ford on two days last week and the week before applied for the matter to be postponed and after hearing him, I last Friday refused the application for postponement and ordered that costs for the two wasted days in dealing with the application for postponement would stand over for later determination. It is clear to me that there was no merit in the application and that the Plaintiffs are entitled to their costs of the two days wasted.  In the circumstances, it is my judgment that:
1. The Defendant be ordered to pay the sum of R300 000 plus VAT to the Plaintiff.

3. And lastly, Defendant is ordered to pay the costs of the action including the wasted costs of the two days spent in the application for postponement.
4. The costs include the qualifying fees of the Plaintiff's