Coertzen v Neves Legal Practitioners and Another (3398 of 2010) [2013] NAHCMD 283 (14 October 2013)

Coertzen v Neves Legal Practitioners and Another (3398 of 2010) [2013] NAHCMD 283 (14 October 2013)

The plaintiff failed to provide timely and full instructions to the defendant and third party, resulting in the need for a further affidavit and adverse costs. There was no evidence of negligence by the defendant or third party. The plaintiff did not make out a prima facie case, and the application to amend was not supported by a satisfactory explanation for delay and would not assist the plaintiff.

Citation
[2013] NAHCMD 283
Parties
Plaintiff: Len Coertzen; Defendant: Neves Legal Practitioners; Third Party: Werner van Rensburg
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
14 October 2013
Case Number
3398 of 2010
Procedural Posture
Civil / Judgment After Plaintiff's Case; Application for Amendment and Absolution From the Instance
Outcome
Plaintiff's application to amend dismissed with costs; defendant granted absolution from the instance with costs.
Legal Topics
Absolution From the Instance, Amendment of Pleadings, Legal Practitioner Liability, Costs Orders
Source Language
English
Civil Procedure Professional Negligence Absolution From the Instance Amendment of Pleadings Legal Practitioner Liability Costs Orders

Case Brief

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Parties

Len Coertzen

Plaintiff

Neves Legal Practitioners

Defendant

Werner van Rensburg

Third Party

Procedural Posture

Civil / Judgment After Plaintiff's Case; Application for Amendment and Absolution From the Instance

Legal Issues

  1. 1 Whether the defendant law firm and its professional assistant were negligent in rendering legal services to the plaintiff
  2. 2 Whether the plaintiff made out a prima facie case to survive absolution from the instance
  3. 3 Whether the plaintiff's late application to amend pleadings should be allowed

Ratio Decidendi

The plaintiff failed to provide timely and full instructions to the defendant and third party, resulting in the need for a further affidavit and adverse costs. There was no evidence of negligence by the defendant or third party. The plaintiff did not make out a prima facie case, and the application to amend was not supported by a satisfactory explanation for delay and would not assist the plaintiff.

Court Disposition

Plaintiff's application to amend dismissed with costs; defendant granted absolution from the instance with costs.

Orders

  • Plaintiff's application to amend is dismissed with costs, including costs of one instructing and one instructed counsel.
  • Defendant's application for absolution from the instance is granted with costs, including costs of one instructing and one instructed counsel.