Bierman NO v Combrinck (912 of 2005) [2006] NAHC 59 (18 September 2006)

Bierman NO v Combrinck (912 of 2005) [2006] NAHC 59 (18 September 2006)

The plaintiff's conduct in persisting with the summary judgment application despite clear notice of exception and opposition was vexatious and justifies an order for attorney and client costs and a stay of the action until payment.

Citation
[2006] NAHC 59
Parties
Plaintiff: Coenraad Johannes Bierman NO; Defendant: Johannes Combrinck (JNR)
Court
High Court
Jurisdiction
Namibia
Judgment Date
18 September 2006
Case Number
912 of 2005
Procedural Posture
Civil / Costs and Stay of Action After Summary Judgment Application Removed
Outcome
Plaintiff to pay defendant's attorney and client costs; action stayed until payment.
Legal Topics
Summary Judgment, Costs, Stay of Proceedings, Exceptions to Pleadings
Source Language
English
Civil Procedure Summary Judgment Costs Stay of Proceedings Exceptions to Pleadings

Case Brief

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Parties

Coenraad Johannes Bierman NO

Plaintiff

Johannes Combrinck (JNR)

Defendant

Procedural Posture

Civil / Costs and Stay of Action After Summary Judgment Application Removed

Legal Issues

  1. 1 Whether the plaintiff should pay costs on an attorney and client scale for proceeding with a summary judgment application despite notice of exception and opposition
  2. 2 Whether the action should be stayed until payment of such costs

Ratio Decidendi

The plaintiff's conduct in persisting with the summary judgment application despite clear notice of exception and opposition was vexatious and justifies an order for attorney and client costs and a stay of the action until payment.

Court Disposition

Plaintiff to pay defendant's attorney and client costs; action stayed until payment.

Orders

  • Plaintiff to pay defendant’s costs, as taxed or as a result of an agreement, on an attorney and client scale.
  • Action instituted by the plaintiff is stayed until payment thereof by the plaintiff to the defendant.