Bergmann v Bergmann and Another (2022/042484) [2024] ZAGPJHC 854 (29 August 2024)

Bergmann v Bergmann and Another (2022/042484) [2024] ZAGPJHC 854 (29 August 2024)

The applicant failed to comply with the Rules of court and the practice manual by not filing the required documents or taking steps to progress or withdraw the matter. The Practice Manual clearly provides that such non-compliance results in the matter being struck from the roll with an appropriate costs order. The court was not persuaded that the matter warranted a higher costs scale than the default. Accordingly, the matter was struck from the roll and the applicant was ordered to pay costs on scale A.

Citation
[2024] ZAGPJHC 854
Parties
Applicant: Marita Astrid Bergmann; Respondent: Harold André Bergmann; Respondent: Bermat Property Investments CC
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 August 2024
Case Number
2022/042484
Procedural Posture
Urgent Application / Application Struck From the Roll
Outcome
Application struck from the roll for failure to comply with Rules of court and practice manual; applicant ordered to pay costs on scale A.
Judges
WJ du Plessis
Legal Topics
Close Corporations Act, Removal of Member, Practice Manual Non Compliance, Costs Order
Civil Procedure Commercial and Corporate Close Corporations Act Removal of Member Practice Manual Non Compliance Costs Order

Case Brief

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Parties

Marita Astrid Bergmann

Applicant

Harold André Bergmann

Respondent

Bermat Property Investments CC

Respondent

Procedural Posture

Urgent Application / Application Struck From the Roll

Legal Issues

  1. 1 Whether the applicant's failure to comply with the Rules of court and the practice manual justifies striking the matter from the roll.
  2. 2 Whether the applicant should be ordered to pay costs and on which scale.

Ratio Decidendi

The applicant failed to comply with the Rules of court and the practice manual by not filing the required documents or taking steps to progress or withdraw the matter. The Practice Manual clearly provides that such non-compliance results in the matter being struck from the roll with an appropriate costs order. The court was not persuaded that the matter warranted a higher costs scale than the default. Accordingly, the matter was struck from the roll and the applicant was ordered to pay costs on scale A.

Court Disposition

Application struck from the roll for failure to comply with Rules of court and practice manual; applicant ordered to pay costs on scale A.

Orders

  • The matter is struck from the roll for failure of the applicant to abide by the Rules of court and failure to comply with the practice manual.
  • The applicant is to pay the costs of the application on scale A.