This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court considered an application for summary judgment in a dispute about construction plant hire charges and a personal undertaking signed by the second defendant. It refused summary judgment and granted the first and second defendants leave to defend the action. The plaintiff was ordered to pay the defendants' costs of the application on the party and party basis, including counsel's fees on scale B.
This may be relevant to summary judgment practice and construction contract disputes involving payment mechanisms, certificates and personal undertakings.
Evidence from source
The application for summary judgment, including the alternative relief sought, is refused. [56] The first and second defendants are granted leave to defend the action.
Supports: plain_summary sentence 2
The plaintiff applies for summary judgment against the defendants, jointly and severally, for payment of R2,892,019.68, together with interest and costs. The claim arises from the hiring of construction plant to the first defendant.
Supports: plain_summary sentence 1
The plaintiff shall pay the defendants’ costs of the summary judgment application on the party-and-party basis, including counsel’s fees on scale B.
Supports: plain_summary sentence 3