Junkeeparsad v Solomon and Another (37003/2019; 37456/2019) [2021] ZAGPJHC 48 (7 May 2021)

Junkeeparsad v Solomon and Another (37003/2019; 37456/2019) [2021] ZAGPJHC 48 (7 May 2021)

The applicant failed to provide a full and reasonable explanation for his delay in filing answering affidavits, with much of the delay occurring before the COVID-19 lockdown and no adequate justification for not acting promptly. His conduct demonstrated intentional disregard for court rules and orders, and his defences were inconsistent with contemporaneous documentation and his own prior sworn statements. The applicant did not dispute the quantum or reasonableness of the respondents' fees over a protracted period and only raised defences at a late stage, which the court found unconvincing and not bona fide. The court concluded that the applicant had not shown good cause for condonation...

Citation
[2021] ZAGPJHC 48
Parties
Applicant: Vishal Junkeeparsad; Respondent: Richard Alan Solomon; Respondent: Arlette Mary MacManus
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
7 May 2021
Case Number
37003/2019; 37456/2019
Procedural Posture
Condonation Application / Interlocutory Application for Condonation and Extension of Time to File Answering Affidavits in Two Consolidated Main Applications.
Outcome
Condonation application dismissed with costs.
Judges
P.A. Meyer
Legal Topics
Condonation, Extension of Time, Professional Fees Dispute, Joinder of Parties, Personal Liability of Attorney
Civil Procedure Commercial and Corporate Condonation Extension of Time Professional Fees Dispute Joinder of Parties Personal Liability of Attorney

Case Brief

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Parties

Vishal Junkeeparsad

Applicant

Richard Alan Solomon

Respondent

Arlette Mary MacManus

Respondent

Procedural Posture

Condonation Application / Interlocutory Application for Condonation and Extension of Time to File Answering Affidavits in Two Consolidated Main Applications.

Legal Issues

  1. 1 Whether the applicant has shown good cause for condonation of his failure to file answering affidavits within the time fixed by court order.
  2. 2 Whether the applicant is entitled to an extension of time to file answering affidavits in the main applications.
  3. 3 Whether the applicant has provided a satisfactory explanation for the delay and demonstrated bona fide defences.

Ratio Decidendi

The applicant failed to provide a full and reasonable explanation for his delay in filing answering affidavits, with much of the delay occurring before the COVID-19 lockdown and no adequate justification for not acting promptly. His conduct demonstrated intentional disregard for court rules and orders, and his defences were inconsistent with contemporaneous documentation and his own prior sworn statements. The applicant did not dispute the quantum or reasonableness of the respondents' fees over a protracted period and only raised defences at a late stage, which the court found unconvincing and not bona fide. The court concluded that the applicant had not shown good cause for condonation...

Court Disposition

Condonation application dismissed with costs.

Orders

  • The condonation application dated 21 July 2020 is dismissed with costs.