Ciba Packaging (Pty) Ltd t/a Cibapac v Timelink Cargo (Pty) Ltd

Timelink Cargo (Pty) Ltd instituted action in the Gauteng Division of the High Court against Ciba Packaging (Pty) Ltd t/a Cibapac, alleging that an agreement concluded in December 2011 obliged Timelink to provide freight services upon written purchase orders at its usual or reasonable industry rate. Timelink alleged that it rendered such services between December 2019 and March 2020, entitling it to payment of R1 652 678.80. Cibapac was placed under business rescue in May 2020, admitted Timelink as a creditor in the business rescue plan, and the plan was adopted and later substantially implemented and terminated in December 2020. Timelink alleged it did not participate in the business rescue proceedings. Cibapac raised an exception contending that Timelink’s claim was barred by s 154(2) of the Companies Act 71 of 2008 and that the particulars of claim disclosed no cause of action. The High Court dismissed the exception, whereupon Cibapac appealed with leave.

The appeal was struck from the roll with costs.

The judgment reaffirms and clarifies the principles governing the appealability of orders dismissing exceptions in South African civil procedure. It underscores that statutory defences, including those arising from business rescue provisions such as s 154(2) of the Companies Act, do not ordinarily raise jurisdictional issues rendering a dismissal of an exception appealable. The case strengthens procedural certainty and discourages piecemeal appeals.