Adlam and Another v Blacke Swart & Associate (17303) [2010] ZAGPPHC 124 (28 September 2010)

Adlam and Another v Blacke Swart & Associate (17303) [2010] ZAGPPHC 124 (28 September 2010)

The court found that the plaintiffs failed to discharge the burden of proof on a balance of probabilities that the defendant received R100,000 cash or that the Land Cruizer and boat were transferred as payment for legal fees. The evidence indicated that the transactions involving the vehicle and boat were private deals and not connected to the attorney-client relationship. The R21,000 paid by cheque was properly accounted for and debited as fees in accordance with the fee agreement. The plaintiffs did not provide sufficient or credible evidence to support their claims for an account, debatement, or refund. The relief sought by the plaintiffs was therefore dismissed.

Citation
[2010] ZAGPPHC 124
Parties
Plaintiff: Derek Adlam; Plaintiff: Deon De Beer; Defendant: Blacke Swart & Associate
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 September 2010
Case Number
17303
Procedural Posture
Civil Trial / Judgment After Full Trial
Outcome
Plaintiffs' claim dismissed with costs.
Judges
A P Ledwaba
Legal Topics
Attorney Client Accounting, Fee Agreements, Burden of Proof, Trust Money Management
Civil Procedure Commercial and Corporate Attorney Client Accounting Fee Agreements Burden of Proof Trust Money Management

Case Brief

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Parties

Derek Adlam

Plaintiff

Deon De Beer

Plaintiff

Blacke Swart & Associate

Defendant

Procedural Posture

Civil Trial / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant is obliged to render an account and debate the account regarding payments and assets allegedly made by the plaintiffs.
  2. 2 Whether the defendant received R100,000 cash from the plaintiffs as part of legal fees.
  3. 3 Whether the proceeds from the sale of a Toyota Land Cruizer and a Formula 323 boat were intended as payment for legal fees to the defendant.

Ratio Decidendi

The court found that the plaintiffs failed to discharge the burden of proof on a balance of probabilities that the defendant received R100,000 cash or that the Land Cruizer and boat were transferred as payment for legal fees. The evidence indicated that the transactions involving the vehicle and boat were private deals and not connected to the attorney-client relationship. The R21,000 paid by cheque was properly accounted for and debited as fees in accordance with the fee agreement. The plaintiffs did not provide sufficient or credible evidence to support their claims for an account, debatement, or refund. The relief sought by the plaintiffs was therefore dismissed.

Court Disposition

Plaintiffs' claim dismissed with costs.

Orders

  • Plaintiffs' claim is dismissed.
  • The first and second plaintiffs are jointly and severally ordered to pay the costs, including the employment of senior and junior counsel and the wasted costs of 26 October 2009.