THE SUPREME COURT OF APPEAL
REPUBLIC OF SOUTH AFRICA
| Trustees for the Time Being of 2 Oceans Aquarium v Kentey & Templer | |
|
|
|
| Supreme Court of Appeal -545/04 | Hearing date: 3 November 2005 |
| Judgment date: 25 November 2005 | |
Delictual liability for pure economic loss – allegation that trust suffered damages as a result of the respondent's negligence in the design of an aquarium – issue whether alleged negligent conduct was wrongful |
|
Media Summary
of Judgment |
|
From: The Registrar, Supreme Court of Appeal Please note that the media summary is for the benefit of the media and does not form part of the judgment. TRUSTEES FOR THE TIME BEING OF TWO OCEANS AQUARIUM TRUST and KANTEY & TEMPLER (PTY) LTD (1) The Supreme Court of Appeal today dismissed a claim by the trustees of the Two Oceans Aquarium at the Cape Town Waterfront, against a firm of structural engineers for damages in an amount of about R15m that were incurred as a result of allegedly negligent conduct that occurred at the outset of the project, before the trust was formed. (2) The court held that because the trust was capable of protecting itself by contract against the consequences of such negligence, there were no reasons of legal policy for extending general (non-contractual) liability to the circumstances in which the allegedly negligent conduct occurred.
|
|