Broughton Clinton Amiss N.O. and Another v F E Industrial Supplies CC

The plaintiffs, trustees of the Amiss Family Trust trading as BAC Logistics, concluded a written credit agreement with the defendant on 26 May 2023 to provide logistics services. BAC Logistics rendered services between October and November 2023 amounting to R749,135.00 and USD 3,000.00, which the defendant failed to pay. The plaintiffs issued summons for the outstanding amount. The defendant defended the action, alleging that the plaintiffs had breached an earlier subcontractor’s agreement (signed 19–22 May 2023), particularly a restraint of trade clause and a dispute-resolution clause, by approaching the defendant’s customers directly. The defendant counterclaimed for damages arising from the alleged breach. The plaintiffs then applied for summary judgment, arguing that the defendant’s plea and counterclaim did not disclose a bona fide defence and were contractually excluded.

Summary judgment was refused; the defendant was granted leave to defend the main action; the plaintiffs were ordered to pay the defendant’s costs.

The case reaffirms South African principles governing summary judgment, particularly that courts should not shut out defendants who disclose a bona fide, legally sustainable defence, even if not fully particularised. It underscores the cautious approach courts must take where contractual disputes and counterclaims raise triable issues requiring interpretation of agreements.