Cloete v McIntyre & Van der Post (A229/2019) [2020] ZAFSHC 118 (12 June 2020)

Cloete v McIntyre & Van der Post (A229/2019) [2020] ZAFSHC 118 (12 June 2020)

The court found that the evidence supported the respondent's version that the mandate was to assist with the main divorce action, not solely a Rule 43(6) application. The appellant's contention that his instructions were limited to the Rule 43(6) application was not supported by the correspondence and conduct of the parties. The court held that the appellant was kept informed of the progress and did not pursue a parallel action for divorce, lending credence to the respondent's assertion of a broader mandate. The court rejected the appellant's claim that fees should be levied on a party and party scale, finding no evidence of such an agreement. The costs order on attorney and client scale...

Citation
[2020] ZAFSHC 118
Parties
Appellant: Nicolaas Petrus Cloete; Respondent: McIntyre & Van der Post
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 June 2020
Case Number
A229/2019
Procedural Posture
Civil Appeal / Appeal From Magistrate Court Judgment
Outcome
Appeal partially upheld. The order of the Magistrate Court was set aside and substituted.
Judges
Molitsoane, Naidoo
Legal Topics
Attorney Client Fees, Mandate Dispute, Costs Award, Scale of Costs
Civil Procedure Commercial and Corporate Attorney Client Fees Mandate Dispute Costs Award Scale of Costs

Case Brief

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Parties

Nicolaas Petrus Cloete

Appellant

McIntyre & Van der Post

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate Court Judgment

Legal Issues

  1. 1 Whether the respondent rendered professional services in accordance with the appellant's mandate.
  2. 2 Whether the appellant is liable for the claimed amount for professional services.
  3. 3 Whether costs should be awarded on attorney and client scale or party and party scale.

Ratio Decidendi

The court found that the evidence supported the respondent's version that the mandate was to assist with the main divorce action, not solely a Rule 43(6) application. The appellant's contention that his instructions were limited to the Rule 43(6) application was not supported by the correspondence and conduct of the parties. The court held that the appellant was kept informed of the progress and did not pursue a parallel action for divorce, lending credence to the respondent's assertion of a broader mandate. The court rejected the appellant's claim that fees should be levied on a party and party scale, finding no evidence of such an agreement. The costs order on attorney and client scale...

Court Disposition

Appeal partially upheld. The order of the Magistrate Court was set aside and substituted.

Orders

  • The defendant is ordered to pay the plaintiff’s claim in the amount of R13,177.06.
  • The defendant is ordered to pay the plaintiff’s costs on a party and party scale.