Gcora v Ascon Engineering CC and Another

The plaintiff, Mr Sipho Gcora, provided professional dispute-resolution services to Ascon Engineering CC in a tender dispute with the Nelson Mandela Bay Municipality. Initially, he was remunerated at an hourly rate of R950, and his invoices were paid. After an adjudication award in Ascon’s favour for R11 722 975.59 and subsequent referral to arbitration, the plaintiff alleged that the parties agreed in June 2022 that he would instead be paid 10% of any amount awarded and paid to Ascon. Following an arbitral award confirming the adjudication and payment by the municipality in August 2023, Mr Gcora claimed 10% of the amount received. Ascon and its sole member, Ms Gonasagree Mathura, disputed the terms and effect of the alleged 10% agreement and denied personal liability on the part of Ms Mathura. The plaintiff applied for summary judgment for the alleged outstanding fees.

The application for summary judgment was dismissed. The defendants were granted leave to defend the action. The plaintiff was ordered to pay the defendants’ costs of the summary judgment application on an attorney-and-client scale.

The judgment reinforces the strict procedural requirements for summary judgment under Rule 32, particularly the need for proper verification of the cause of action and engagement with pleaded defences. It also underscores that genuine contractual disputes and questions of personal liability of company members are inappropriate for determination by summary judgment.