Eskom Holding Limited and Another v Netcare Hospitals (Pty) Ltd ta Netcare 911 (2023/054508) [2025] ZAGPJHC 598 (13 February 2025)

Eskom Holding Limited and Another v Netcare Hospitals (Pty) Ltd ta Netcare 911 (2023/054508) [2025] ZAGPJHC 598 (13 February 2025)

The Court found the Applicants' explanation for seeking removal of the matter from the roll unconvincing, noting their failure to file heads of argument and lack of diligence in prosecuting the matter. The typographical error in the notice of set down did not excuse their conduct, as a simple enquiry would have clarified the position. The Applicants failed to bring a formal application for postponement or removal and did not tender wasted costs. Nevertheless, the Court granted a final opportunity for the Applicants to file heads of argument and an application for condonation within five court days, failing which their rescission application would be dismissed and they would be liable for...

Citation
[2025] ZAGPJHC 598
Parties
Applicant: Eskom Holdings Limited; Applicant: Senlile Malgas; Respondent: Netcare Hospitals (Pty) Ltd ta Netcare 911
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
13 February 2025
Case Number
2023/054508
Procedural Posture
Urgent Application / Application for Removal From Roll and Postponement
Outcome
Application for removal from the roll is postponed sine die with strict conditions; punitive costs order granted against Applicants.
Judges
H Barnes
Legal Topics
Rescission Application, Postponement, Costs Order, Condonation, Heads of Argument
Civil Procedure Rescission Application Postponement Costs Order Condonation Heads of Argument

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Parties

Eskom Holdings Limited

Applicant

Senlile Malgas

Applicant

Netcare Hospitals (Pty) Ltd ta Netcare 911

Respondent

Procedural Posture

Urgent Application / Application for Removal From Roll and Postponement

Legal Issues

  1. 1 Whether the Applicants are entitled to removal of the matter from the roll due to a typographical error in the notice of set down.
  2. 2 Whether the Applicants' failure to file heads of argument and prosecute the matter diligently justifies a punitive costs order.
  3. 3 Whether the Applicants should be granted a final opportunity to file heads of argument and condonation.

Ratio Decidendi

The Court found the Applicants' explanation for seeking removal of the matter from the roll unconvincing, noting their failure to file heads of argument and lack of diligence in prosecuting the matter. The typographical error in the notice of set down did not excuse their conduct, as a simple enquiry would have clarified the position. The Applicants failed to bring a formal application for postponement or removal and did not tender wasted costs. Nevertheless, the Court granted a final opportunity for the Applicants to file heads of argument and an application for condonation within five court days, failing which their rescission application would be dismissed and they would be liable for...

Court Disposition

Application for removal from the roll is postponed sine die with strict conditions; punitive costs order granted against Applicants.

Orders

  • The Applicants are directed to file their heads of argument, together with an application for condonation for the late filing thereof, within 5 court days of the date of this order.
  • Should the Applicants fail to deliver their heads of argument as aforesaid, the Applicants' claim will be struck out, the rescission application will be dismissed, and the Applicants will be directed to pay the Respondent’s costs on the attorney and client scale.