The judgment concerns a claim by Settlers Movie (Pty) Ltd for payment of a film production incentive approved by the Department of Trade, Industry and Competition. The court described the contractual timeframes and found that filming started before written approval was received and that the plaintiff had not proven the quantum of its claim. The claim was dismissed with costs, and the defendants were ordered to pay costs arising from a special plea.
This may be relevant to parties dealing with film production incentive approvals and claim documentation.
Evidence from source
The plaintiff now sues for payment of the incentive amount in the sum of R 11 199 538, interest thereon and costs.
Supports: The matter concerns a claim for payment of a film production incentive.
The plaintiff therefore took a decision to commence filming on 16 September 2019, notwithstanding that the incentive had not yet been approved.
Supports: The summary statement that filming started before written approval was received.
The plaintiff’s quantum has, consequently, not been proven.
Supports: The summary statement that the claim amount was not proven.