Attorneys Fidelity Fund v Du Plessis (51429/12) [2015] ZAGPPHC 900 (14 December 2015)

Attorneys Fidelity Fund v Du Plessis (51429/12) [2015] ZAGPPHC 900 (14 December 2015)

Condonation was granted as it was in the interests of justice to consider the application for leave to appeal. However, the grounds advanced for leave to appeal lacked merit. The defendant did not move for an amendment of its plea, and the court cannot amend pleadings of its own accord. Pre-trial minutes and other documents do not form part of the pleadings unless specifically incorporated. The refusal to grant a postponement was previously dealt with and justified. No reasonable prospect exists that another court would reach a different conclusion. Costs were awarded on the ordinary party and party scale, not a punitive scale, as the circumstances did not warrant such an order.

Citation
[2015] ZAGPPHC 900
Parties
Applicant: Attorneys Fidelity Fund; Respondent: V.C. Du Plessis
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 December 2015
Case Number
51429/12
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal
Outcome
Condonation granted; leave to appeal dismissed; costs awarded against the defendant.
Judges
C.P. Rabie
Legal Topics
Condonation for Late Appeal, Leave to Appeal, Costs Order, Pleadings Amendment, Postponement of Trial
Civil Procedure Condonation for Late Appeal Leave to Appeal Costs Order Pleadings Amendment Postponement of Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Attorneys Fidelity Fund

Applicant

V.C. Du Plessis

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether there are reasonable prospects of success on appeal warranting the granting of leave to appeal.
  3. 3 Whether the defendant was prejudiced by the refusal to allow amendment of its plea or a postponement of the trial.

Ratio Decidendi

Condonation was granted as it was in the interests of justice to consider the application for leave to appeal. However, the grounds advanced for leave to appeal lacked merit. The defendant did not move for an amendment of its plea, and the court cannot amend pleadings of its own accord. Pre-trial minutes and other documents do not form part of the pleadings unless specifically incorporated. The refusal to grant a postponement was previously dealt with and justified. No reasonable prospect exists that another court would reach a different conclusion. Costs were awarded on the ordinary party and party scale, not a punitive scale, as the circumstances did not warrant such an order.

Court Disposition

Condonation granted; leave to appeal dismissed; costs awarded against the defendant.

Orders

  • The application for condonation is granted.
  • The application for leave to appeal is dismissed.