Hubner v Krieger (3026 of 2008) [2011] NAHC 335 (11 November 2011)

Hubner v Krieger (3026 of 2008) [2011] NAHC 335 (11 November 2011)

The defendant's failure to cooperate in generating the joint proposed pre-trial order and to comply with the case management order regarding discovery and trial particulars constituted a deliberate attempt to stall proceedings, justifying a punitive costs order on an attorney and own client scale.

Citation
[2011] NAHC 335
Parties
Plaintiff: Thorsten Hübner; Defendant: Gaby Krieger
Court
High Court
Jurisdiction
Namibia
Judgment Date
11 November 2011
Case Number
3026 of 2008
Procedural Posture
Civil / Pre Trial Ruling on Case Management Non Compliance
Outcome
punitive costs order against defendant; trial adjourned
Legal Topics
Case Management, Punitive Costs, Pre Trial Conference, Close Corporation Liability
Source Language
English
Civil Procedure Case Management Punitive Costs Pre Trial Conference Close Corporation Liability

Case Brief

Summary, issues, holding and outcome

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Parties

Thorsten Hübner

Plaintiff

Gaby Krieger

Defendant

Procedural Posture

Civil / Pre Trial Ruling on Case Management Non Compliance

Legal Issues

  1. 1 Whether the defendant failed to cooperate in generating a joint proposed pre-trial order as required by the rules
  2. 2 Whether the defendant failed to comply with a case management order regarding discovery and trial particulars
  3. 3 Whether punitive costs should be imposed for non-compliance

Ratio Decidendi

The defendant's failure to cooperate in generating the joint proposed pre-trial order and to comply with the case management order regarding discovery and trial particulars constituted a deliberate attempt to stall proceedings, justifying a punitive costs order on an attorney and own client scale.

Court Disposition

punitive costs order against defendant; trial adjourned

Orders

  • The case shall not proceed to trial on 16-18 November 2011.
  • The defendant shall pay the plaintiff’s wasted costs occasioned by the refusal to cooperate in the creation of the proposed case management report, all necessary and reasonable costs for trial particulars and further discovery, costs for attendance at the pre-trial conference, and reasonable wasted costs for trial...