Holmes v Jefferis

This matter concerned an application for summary judgment made by the plaintiff, Holmes, against the defendant, Jefferis, pursuant to rules 144.3(1) and 182.6 of the Uniform Civil Rules 2020 (SA). The plaintiff sought judgment based on admissions made by the defendant concerning the separate issue of taking an account.

The legal issue before the court was whether there was "no reasonable basis" for the defendant to contest the plaintiff's claim for an account. This required the court to consider the circumstances under which an order for an account can be made, particularly in the context of summary judgment.

The master determined that an order for an account is not merely an inquiry to ascertain if money is owed, but rather proceeds from a finding that an entitlement exists and an inquiry is necessary to quantify the amount due. Following the reasoning in *Roberts v Eckert*, the master concluded that for the defendant to be entitled to an order for an account, they would have had to prove at trial that the plaintiff was an accounting party. As the application was for summary judgment based on admissions, the master considered whether there was no reasonable basis for the defendant to contest the claim for an account.