Malenko v Coetzee (3557 of 2014) [2016] NAHCMD 88 (4 January 2016)

Malenko v Coetzee (3557 of 2014) [2016] NAHCMD 88 (4 January 2016)

The application for payment of mediation costs at this stage is dismissed because costs of mediation are costs in the cause unless parties agree otherwise, and the applicant failed to comply with the mandatory requirement to seek amicable resolution before launching interlocutory proceedings as required by rule 32 (9) and (10).

Citation
[2016] NAHCMD 88
Parties
Applicant/plaintiff: Vladimir Malenko; Respondent/defendant: Ernest Arthur Coetzee
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
4 January 2016
Case Number
3557 of 2014
Procedural Posture
Civil / Interlocutory Application for Payment of Mediation Costs
Outcome
application dismissed with costs
Legal Topics
Costs, Mediation, Interlocutory Applications
Source Language
English
Civil Procedure Costs Mediation Interlocutory Applications

Case Brief

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Parties

Vladimir Malenko

Applicant/plaintiff

Ernest Arthur Coetzee

Respondent/defendant

Procedural Posture

Civil / Interlocutory Application for Payment of Mediation Costs

Legal Issues

  1. 1 Whether the applicant is entitled to payment of costs for mediation at this stage
  2. 2 Whether the applicant complied with rule 32 (9) and (10) regarding amicable resolution before interlocutory applications

Ratio Decidendi

The application for payment of mediation costs at this stage is dismissed because costs of mediation are costs in the cause unless parties agree otherwise, and the applicant failed to comply with the mandatory requirement to seek amicable resolution before launching interlocutory proceedings as required by rule 32 (9) and (10).

Court Disposition

application dismissed with costs

Orders

  • The application for payment of costs for mediation by the applicant at this stage is refused.
  • The costs of this application are ordered to follow the event.