Le Roux v Reid and Another (2804/2006) [2012] ZAECPEHC 25 (24 April 2012)

Le Roux v Reid and Another (2804/2006) [2012] ZAECPEHC 25 (24 April 2012)

The court found that the plaintiff did not authorize her legal representatives to make the admission regarding the proclamation of road 119H. The admission was contrary to her pleadings and instructions, and there was uncertainty and lack of bona fides in its making. The agreement reached at the Rule 37 conference was unjust and not in the plaintiff's best interests. The court held that the withdrawal of the admission would not prejudice the defendants, as the existence of a proclaimed road is a limited issue and the defendants' case remains founded on the pleadings. The court granted the plaintiff leave to withdraw the admission and the related agreement, and ordered separation of the...

Citation
[2012] ZAECPEHC 25
Parties
Plaintiff: Jacqueline Le Roux; Defendant: Guy Anthony Reid; Defendant: The Trustees for Time of the Ferndale Family Trust
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
24 April 2012
Case Number
2804/2006
Procedural Posture
Civil Application / Application for Withdrawal of Admission Made at Rule 37 Conference
Outcome
Application granted. The plaintiff is permitted to withdraw the admission made at the Rule 37 conference. The first defendant's conditional counterclaim is separated and stands over for later determination. Costs of the application awarded against the plaintiff, including costs of two counsel.
Judges
N Dambuza
Legal Topics
Withdrawal of Admission, Rule 37 Conference, Public Road Proclamation, Servitude, Costs Order
Civil Procedure Land and Property Withdrawal of Admission Rule 37 Conference Public Road Proclamation Servitude Costs Order

Case Brief

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Parties

Jacqueline Le Roux

Plaintiff

Guy Anthony Reid

Defendant

The Trustees for Time of the Ferndale Family Trust

Defendant

Procedural Posture

Civil Application / Application for Withdrawal of Admission Made at Rule 37 Conference

Legal Issues

  1. 1 Whether the plaintiff should be permitted to withdraw an admission made at a Rule 37 conference regarding the proclamation of road 119H.
  2. 2 Whether the agreement reached at the Rule 37 conference is binding on the plaintiff given her instructions to legal representatives.
  3. 3 Whether the withdrawal of the admission would prejudice the defendants.

Ratio Decidendi

The court found that the plaintiff did not authorize her legal representatives to make the admission regarding the proclamation of road 119H. The admission was contrary to her pleadings and instructions, and there was uncertainty and lack of bona fides in its making. The agreement reached at the Rule 37 conference was unjust and not in the plaintiff's best interests. The court held that the withdrawal of the admission would not prejudice the defendants, as the existence of a proclaimed road is a limited issue and the defendants' case remains founded on the pleadings. The court granted the plaintiff leave to withdraw the admission and the related agreement, and ordered separation of the...

Court Disposition

Application granted. The plaintiff is permitted to withdraw the admission made at the Rule 37 conference. The first defendant's conditional counterclaim is separated and stands over for later determination. Costs of the application awarded against the plaintiff, including costs of two counsel.

Orders

  • The first defendant's conditional counterclaim is separated from all other issues and ordered to stand over for determination on a later date if needs be.
  • The applicant is granted leave to withdraw the implicit admission at paragraph 1.1 of the supplementary Rule 37 Minute dated 19 February 2010 to the effect that Road 119H is a duly proclaimed road.