Fourie v Vrystaat Munsipale Pensoenfonds (4184/2019; 879/2019) [2023] ZAFSHC 229 (29 May 2023)

Fourie v Vrystaat Munsipale Pensoenfonds (4184/2019; 879/2019) [2023] ZAFSHC 229 (29 May 2023)

The court found that the applicant had a triable issue deserving of consideration and that, in the absence of prejudice to the respondent, leave to amend the plea should be granted. The delay in bringing the amendment was not, by itself, a ground for refusal. However, the court determined that the urgency claimed in Part B was entirely self-created, as the applicant had known since December 2022 that monthly interest payments were withheld and had alternative remedies available. The applicant failed to demonstrate genuine urgency, and the urgent application for payment of interest and legal costs was struck from the roll. Costs were awarded against the applicant for the wasted costs...

Citation
[2023] ZAFSHC 229
Parties
Applicant: Fritz Fourie; Respondent: Vrystaat Munisipale Pensoenfonds
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 May 2023
Case Number
4184/2019; 879/2019
Procedural Posture
Interlocutory Application / Application for Leave to Amend Plea and Urgent Interdictory Relief
Outcome
Leave to amend the plea granted; urgent application for payment of interest and costs struck from the roll for lack of urgency.
Judges
Mhlambi
Legal Topics
Amendment of Pleadings, Locus Standi, Urgent Interdict, Pension Fund Dispute
Civil Procedure Land and Property Amendment of Pleadings Locus Standi Urgent Interdict Pension Fund Dispute

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Fritz Fourie

Applicant

Vrystaat Munisipale Pensoenfonds

Respondent

Procedural Posture

Interlocutory Application / Application for Leave to Amend Plea and Urgent Interdictory Relief

Legal Issues

  1. 1 Whether the applicant should be granted leave to amend his plea to include a sixth special plea.
  2. 2 Whether the urgent application for payment of monthly interest on the applicant's pension benefit and legal costs should be granted.
  3. 3 Whether the urgency claimed by the applicant in Part B is self-created and justifies striking the application from the roll.

Ratio Decidendi

The court found that the applicant had a triable issue deserving of consideration and that, in the absence of prejudice to the respondent, leave to amend the plea should be granted. The delay in bringing the amendment was not, by itself, a ground for refusal. However, the court determined that the urgency claimed in Part B was entirely self-created, as the applicant had known since December 2022 that monthly interest payments were withheld and had alternative remedies available. The applicant failed to demonstrate genuine urgency, and the urgent application for payment of interest and legal costs was struck from the roll. Costs were awarded against the applicant for the wasted costs...

Court Disposition

Leave to amend the plea granted; urgent application for payment of interest and costs struck from the roll for lack of urgency.

Orders

  • The applicant (as defendant) is granted leave to amend the pleas in accordance with the notice given on 22 May 2023.
  • The applicant is to pay the respondent's wasted costs, including the employment of two counsel.