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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1290
Experience:  BCom; LLB; Masters in Law
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1. I am a professional engineer registered in terms

Customer Question

Dear Sir
1. I am a professional engineer registered in terms of the Engineering Act.
2. I have a small consulting practice and practice in an entity let’s say XYZ Incorporated.
3. I received a summons where XYZ (Pty) Ltd (and not Incorporated) has been sued for damages (R 104 000-00) of me, the only director has been negligent.
4. My question:
4.1 Can I send the summons back to the Clerk of the Court informing that I have wrongly received a summons directed to XYZ (Pty) Ltd?
4.2 Can an Incorporated Company be sued for damages of a professional registered person? The professional person being me the Incorporated entity being the one above and the shares of this entity being held by a trust.
4.3 The Plaintiff sues in his representative capacity as a trustee of a Homeowners Association (HOA) with whom I had NO formal or informal agreement. Although the HOA claims they suffered damages due to my negligence. Damages was suffered but it was due to building contractors and not my negligence.
4.4 What if I ignore the summons in view of the fact that it is addressed to a (PTY) LTD entity instead of the Incorporated entity? If judgement is taken I can maintain that such an entity does not exist?
Kind regards
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.
Hi there and thank you for your question,4.1 Can I send the summons back to the Clerk of the Court informing that I have wrongly received a summons directed to XYZ (Pty) Ltd? --> Unfortunately not. Case law has held that in instances where you KNOW that you have been correctly sued, but your company has been incorrectly described, you can't take that point. You obviously know that the summons is for your company. It's not their fault that they never got the description 100% correct. Sorry...4.2 Can an Incorporated Company be sued for damages of a professional registered person? The professional person being me the Incorporated entity being the one above and the shares of this entity being held by a trust. --> Surely you were acting in your capacity as an employee of the Inc when you provided your services? In that instance the Inc will be sued, and you won't necessarily be cited. The summons will probably say that "an employee of Inc" was negligent. It doesn't matter who holds the shares or whatever. If the Inc invoiced for the work done, then the Inc will be sued. 4.3 The Plaintiff sues in his representative capacity as a trustee of a Homeowners Association (HOA) with whom I had NO formal or informal agreement. Although the HOA claims they suffered damages due to my negligence. Damages was suffered but it was due to building contractors and not my negligence. --> There is unfortunately nothing stopping the HOA from suing you, neither the plaintiff acting in his representative capacity. It will however by up to the plaintiff to PROVE to the court that he has suffered damages, and unless he can prove the damages, the Court will dismiss the claim.4.4 What if I ignore the summons in view of the fact that it is addressed to a (PTY) LTD entity instead of the Incorporated entity? If judgement is taken I can maintain that such an entity does not exist? --> No, please don't do that. They will just have the judgment amended to reflect Inc. Rather defend the summons!If there is something more specific that you need clarity on, please continue in this same thread. Let me know if you need more advice!I hope you found my answer helpful. If you did, PLEASE rate my answer & please leave me positive feedback! Good luck and best regards,CaseLawPlease note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.
Customer: replied 1 year ago.
Thanks for the great advice. I though it would be the case and clarifies my mind. Kind regards.
Expert:  CaseLaw replied 1 year ago.
Hey,When you have a moment can you please rate my services as Excellent, or Great, or whatever you feel!Thanks!
Expert:  CaseLaw replied 1 year ago.
Hi there again,
I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.
If you have a further question please ask it?
Regards
CaseLaw