Mayet and Others v Sunlyn Investments (Pty) Ltd (10/2003) [2006] ZANWHC 23 (30 March 2006)

Mayet and Others v Sunlyn Investments (Pty) Ltd (10/2003) [2006] ZANWHC 23 (30 March 2006)

The court found that the applicants failed to provide a satisfactory explanation for their lack of preparedness and delay in launching the Rule 30 application. The administrative error cited did not justify the absence of proper systems in the State Attorney's office, nor did it excuse the failure to brief alternative counsel. The application for postponement was refused. The applicants did not advance any reasons for condonation of their late application, and thus condonation was denied. The court held that actions taken in compliance with a valid court order cannot be considered irregular steps under Rule 30, and only the court, not the respondent, could set aside such an order. The...

Citation
[2006] ZANWHC 23
Parties
Applicant: G Mayet; Applicant: MLE Motlhabedi; Applicant: MEC for Social Services, Arts, Culture and Sports for the North West Province; Respondent: Sunlyn Investments (Pty) Ltd
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
30 March 2006
Case Number
10/2003
Procedural Posture
Civil Application / Application for Postponement, Condonation, and Setting Aside of Rule 13 Notice
Outcome
Application for postponement refused; application for condonation refused; application to set aside Rule 13 notice dismissed; costs awarded against first and second applicants on attorney and client scale.
Judges
MTR Mogoeng
Legal Topics
Rule 30 Irregular Steps, Third Party Procedure, Condonation, Attorney and Client Costs
Civil Procedure Commercial and Corporate Rule 30 Irregular Steps Third Party Procedure Condonation Attorney and Client Costs

Case Brief

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Parties

G Mayet

Applicant

MLE Motlhabedi

Applicant

MEC for Social Services, Arts, Culture and Sports for the North West Province

Applicant

Sunlyn Investments (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Application for Postponement, Condonation, and Setting Aside of Rule 13 Notice

Legal Issues

  1. 1 Whether the applicants are entitled to a postponement of the hearing.
  2. 2 Whether condonation should be granted for the late launching of the Rule 30 application.
  3. 3 Whether the respondent took an irregular step by serving a third party notice after judgment was granted.

Ratio Decidendi

The court found that the applicants failed to provide a satisfactory explanation for their lack of preparedness and delay in launching the Rule 30 application. The administrative error cited did not justify the absence of proper systems in the State Attorney's office, nor did it excuse the failure to brief alternative counsel. The application for postponement was refused. The applicants did not advance any reasons for condonation of their late application, and thus condonation was denied. The court held that actions taken in compliance with a valid court order cannot be considered irregular steps under Rule 30, and only the court, not the respondent, could set aside such an order. The...

Court Disposition

Application for postponement refused; application for condonation refused; application to set aside Rule 13 notice dismissed; costs awarded against first and second applicants on attorney and client scale.

Orders

  • The application for postponement is refused with costs.
  • The first and second applicants' application for condonation for the late launching of the Rule 30 application is refused.