Indwe Risk Services (Pty) Ltd v Van Zyl (J 2647/07) [2009] ZALC 140 (28 April 2009)

Indwe Risk Services (Pty) Ltd v Van Zyl (J 2647/07) [2009] ZALC 140 (28 April 2009)

The court found that the applicant provided a reasonable explanation for the delay and demonstrated prospects of success in the main matter. The respondent's attorneys acted in a manner that was prejudicial to the proper administration of justice, warranting a punitive costs order on an attorney and client scale de bonis propriis. The conduct of the respondent's legal representatives was sufficiently concerning to justify referral to the law society for investigation. Accordingly, condonation and rescission were granted, and costs were awarded against the respondent's attorneys.

Citation
[2009] ZALC 140
Parties
Applicant: Indwe Risk Services (Pty) Limited; Respondent: Hester Petronella van Zyl
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
28 April 2009
Case Number
J 2647/07
Procedural Posture
Urgent Application / Order on Condonation and Rescission
Outcome
Condonation and rescission granted; costs awarded against respondent's attorneys de bonis propriis; matter referred to law society.
Judges
Basson
Legal Topics
Condonation, Rescission of Judgment, Attorney Costs, Urgent Application
Labour Law Civil Procedure Condonation Rescission of Judgment Attorney Costs Urgent Application

Case Brief

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Parties

Indwe Risk Services (Pty) Limited

Applicant

Hester Petronella van Zyl

Respondent

Procedural Posture

Urgent Application / Order on Condonation and Rescission

Legal Issues

  1. 1 Whether condonation for late filing should be granted.
  2. 2 Whether rescission of the previous judgment should be granted.
  3. 3 Whether costs should be awarded against the respondent's attorneys on an attorney and client scale de bonis propriis.

Ratio Decidendi

The court found that the applicant provided a reasonable explanation for the delay and demonstrated prospects of success in the main matter. The respondent's attorneys acted in a manner that was prejudicial to the proper administration of justice, warranting a punitive costs order on an attorney and client scale de bonis propriis. The conduct of the respondent's legal representatives was sufficiently concerning to justify referral to the law society for investigation. Accordingly, condonation and rescission were granted, and costs were awarded against the respondent's attorneys.

Court Disposition

Condonation and rescission granted; costs awarded against respondent's attorneys de bonis propriis; matter referred to law society.

Orders

  • The application for condonation is granted.
  • The application for rescission is granted with costs against the representatives of the respondent on an attorney and client scale de bonis propriis.