Klauer v Eberlanz Woodworks CC (A343/2004) [2005] ZAGPHC 156 (18 February 2005)

Klauer v Eberlanz Woodworks CC (A343/2004) [2005] ZAGPHC 156 (18 February 2005)

The court found that condonation for the late filing of heads of argument and record should be granted, as the explanation, though superficial, was sufficient. The defendant's attorneys were not ordered to pay wasted costs de bonis propriis; instead, the defendant was held liable for those costs. On the merits, the court held that the plaintiff had locus standi, as the contract was entered into on behalf of the plaintiff, a closed corporation, and the evidence supported this. The work was found to be completed, and the removal of the cupboard door was a temporary measure due to a payment dispute, with a tender to reinstall upon payment. The defendant was not entitled to set off R900,00,...

Citation
[2005] ZAGPHC 156
Parties
Appellant: Helga Maria Klauer; Respondent: Eberlanz Woodworks CC
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
18 February 2005
Case Number
A343/2004
Procedural Posture
Civil Appeal / Appeal From Magistrate's Court Judgment
Outcome
Appeal dismissed with costs; condonation granted for late filing; defendant ordered to pay wasted costs and costs of condonation and appearance.
Judges
Van der Merwe, Claassen
Legal Topics
Condonation, Locus Standi, Exceptio Non Adimpleti Contractus, Oral Contract, Set Off, Power of Attorney
Civil Procedure Commercial and Corporate Condonation Locus Standi Exceptio Non Adimpleti Contractus Oral Contract Set Off Power of Attorney

Case Brief

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Parties

Helga Maria Klauer

Appellant

Eberlanz Woodworks CC

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate's Court Judgment

Legal Issues

  1. 1 Whether condonation for late filing of heads of argument and record should be granted.
  2. 2 Whether the defendant's attorneys should be ordered to pay wasted costs de bonis propriis.
  3. 3 Whether the plaintiff had locus standi to sue the defendant.

Ratio Decidendi

The court found that condonation for the late filing of heads of argument and record should be granted, as the explanation, though superficial, was sufficient. The defendant's attorneys were not ordered to pay wasted costs de bonis propriis; instead, the defendant was held liable for those costs. On the merits, the court held that the plaintiff had locus standi, as the contract was entered into on behalf of the plaintiff, a closed corporation, and the evidence supported this. The work was found to be completed, and the removal of the cupboard door was a temporary measure due to a payment dispute, with a tender to reinstall upon payment. The defendant was not entitled to set off R900,00,...

Court Disposition

Appeal dismissed with costs; condonation granted for late filing; defendant ordered to pay wasted costs and costs of condonation and appearance.

Orders

  • Condonation for the late filing of the heads of argument and record is granted.
  • The defendant is ordered to pay the wasted costs occasioned by the postponement on 27 July 2004 as well as the costs of the application for condonation.