Bridge Corporate v Zisile and Another (2408/2019) [2020] ZAECGHC 80 (5 August 2020)

Bridge Corporate v Zisile and Another (2408/2019) [2020] ZAECGHC 80 (5 August 2020)

The court found that Bridge Corporate lacked locus standi to institute the application for costs, as it was no longer the owner of the judgment debt at the time the second rescission application was launched and had not proven that it was duly authorised to bring the proceedings. The magistrate's punitive costs order accrued to Numix (Pty) Ltd, not Bridge Corporate, and there was no evidence that Bridge Corporate had resolved to institute the application or was acting on behalf of Numix. The second respondent's conduct, including prosecuting the appeal in the name of the first respondent and failing to properly prosecute the appeal and condonation application, was found to be grossly...

Citation
[2020] ZAECGHC 80
Parties
Applicant: Bridge Corporate; Respondent: Andile Wellington Zisile; Respondent: NJ Du Plessis & Associates Incorporated
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
5 August 2020
Case Number
2408/2019
Procedural Posture
Civil Application / Judgment on Application for Costs Following Withdrawal of Appeal
Outcome
Application dismissed for lack of locus standi; no order as to costs; judgment referred to Legal Practice Council for investigation.
Judges
Rugunanan
Legal Topics
Locus Standi, Punitive Costs, Withdrawal of Appeal, Authority to Institute Proceedings, De Bonis Propriis, Attorney Conduct
Civil Procedure Commercial and Corporate Locus Standi Punitive Costs Withdrawal of Appeal Authority to Institute Proceedings De Bonis Propriis Attorney Conduct

Case Brief

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Parties

Bridge Corporate

Applicant

Andile Wellington Zisile

Respondent

NJ Du Plessis & Associates Incorporated

Respondent

Procedural Posture

Civil Application / Judgment on Application for Costs Following Withdrawal of Appeal

Legal Issues

  1. 1 Whether the applicant Bridge Corporate has locus standi to institute the application for costs following withdrawal of the appeal.
  2. 2 Whether the second respondent's conduct warrants a punitive costs order de bonis propriis.
  3. 3 Whether the appeal and condonation application were properly instituted and prosecuted.

Ratio Decidendi

The court found that Bridge Corporate lacked locus standi to institute the application for costs, as it was no longer the owner of the judgment debt at the time the second rescission application was launched and had not proven that it was duly authorised to bring the proceedings. The magistrate's punitive costs order accrued to Numix (Pty) Ltd, not Bridge Corporate, and there was no evidence that Bridge Corporate had resolved to institute the application or was acting on behalf of Numix. The second respondent's conduct, including prosecuting the appeal in the name of the first respondent and failing to properly prosecute the appeal and condonation application, was found to be grossly...

Court Disposition

Application dismissed for lack of locus standi; no order as to costs; judgment referred to Legal Practice Council for investigation.

Orders

  • The point in limine is upheld and the application is dismissed.
  • The Registrar of this Court is directed to forward a copy of this judgment to the Eastern Cape Provincial Office of the Legal Practice Council for an investigation into the conduct of Mr. N. J. Du Plessis of N. J. Du Plessis & Associates Incorporated.