Prosecutor-General v Atlantic Ocean Management Group (PTY) Ltd and Another (Ruling on application for postponement) (HC-MD-CIV-MOT-GEN 172 of 2017) [2017] NAHCMD 163 (12 June 2017)

Prosecutor-General v Atlantic Ocean Management Group (PTY) Ltd and Another (Ruling on application for postponement) (HC-MD-CIV-MOT-GEN 172 of 2017) [2017] NAHCMD 163 (12 June 2017)

The Prosecutor-General was not afforded adequate time to respond to the application to anticipate, and the respondents' conduct was unreasonable and oppressive. The interests of justice require that the PG be granted a postponement to file her response, and the respondents must bear the costs of their opposition.

Citation
[2017] NAHCMD 163
Parties
Applicant: The Prosecutor-General; Respondent: Atlantic Ocean Management Group (Pty) Ltd; Respondent: Fish Spain SL
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 June 2017
Case Number
HC-MD-CIV-MOT-GEN 172 of 2017
Procedural Posture
Application for Postponement / Ruling on Interlocutory Application
Outcome
application for postponement granted
Legal Topics
Postponement, Urgent Applications, Costs, Right to Be Heard
Source Language
English
Civil Procedure Postponement Urgent Applications Costs Right to Be Heard

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

The Prosecutor-General

Applicant

Atlantic Ocean Management Group (Pty) Ltd

Respondent

Fish Spain SL

Respondent

Procedural Posture

Application for Postponement / Ruling on Interlocutory Application

Legal Issues

  1. 1 Whether the Prosecutor-General should be granted a postponement to respond to the application to anticipate the POCA order
  2. 2 Whether the respondents acted unreasonably in opposing the postponement and in their conduct of the proceedings
  3. 3 Whether costs should be awarded against the respondents for opposing the postponement

Ratio Decidendi

The Prosecutor-General was not afforded adequate time to respond to the application to anticipate, and the respondents' conduct was unreasonable and oppressive. The interests of justice require that the PG be granted a postponement to file her response, and the respondents must bear the costs of their opposition.

Court Disposition

application for postponement granted

Orders

  • Leave granted to the Prosecutor-General to file her response by 13 June 2017.
  • Respondents to file replying affidavit by 14 June 2017, if so advised.