Mcpherson v Teuwen and Another (2009/27002) [2012] ZAGPJHC 18 (22 February 2012)

Mcpherson v Teuwen and Another (2009/27002) [2012] ZAGPJHC 18 (22 February 2012)

The court found that the matter was not ready for trial due to the plaintiff's attorneys' failure to comply with procedural requirements, including the filing of expert reports, proper documentation, and paginated bundles. The plaintiff's attorneys acted negligently and unreasonably by insisting on proceeding to trial despite obvious deficiencies. The postponement was necessitated by their conduct, and a punitive costs order de bonis propriis was warranted. Furthermore, the plaintiff was incapable of managing her affairs, and the appointment of a curator was appropriate. The court exercised its discretion to award costs on an attorney and client scale against the plaintiff's attorneys...

Citation
[2012] ZAGPJHC 18
Parties
Plaintiff: Carol McPherson; Defendant: Dr G Teuwen; Defendant: Netcare Gauteng Four Ltd t/a Olivedale Clinic
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 February 2012
Case Number
2009/27002
Procedural Posture
Civil Trial / Application for Postponement and Costs Order
Outcome
Application for postponement granted. Costs awarded against plaintiff's attorneys de bonis propriis on attorney and client scale. Curator appointed for plaintiff.
Judges
N G Kgomo
Legal Topics
Medical Malpractice, Postponement of Trial, Costs De Bonis Propriis, Appointment of Curator, Quantum of Damages, Expert Evidence
Civil Procedure Delict Family and Children Medical Malpractice Postponement of Trial Costs De Bonis Propriis Appointment of Curator Quantum of Damages +1 more

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Parties

Carol McPherson

Plaintiff

Dr G Teuwen

Defendant

Netcare Gauteng Four Ltd t/a Olivedale Clinic

Defendant

Procedural Posture

Civil Trial / Application for Postponement and Costs Order

Legal Issues

  1. 1 Whether the matter was ripe for trial or should be postponed.
  2. 2 Whether the plaintiff's attorneys should be ordered to pay costs de bonis propriis for negligent trial preparation.
  3. 3 Whether a curator should be appointed for the plaintiff due to incapacity.

Ratio Decidendi

The court found that the matter was not ready for trial due to the plaintiff's attorneys' failure to comply with procedural requirements, including the filing of expert reports, proper documentation, and paginated bundles. The plaintiff's attorneys acted negligently and unreasonably by insisting on proceeding to trial despite obvious deficiencies. The postponement was necessitated by their conduct, and a punitive costs order de bonis propriis was warranted. Furthermore, the plaintiff was incapable of managing her affairs, and the appointment of a curator was appropriate. The court exercised its discretion to award costs on an attorney and client scale against the plaintiff's attorneys...

Court Disposition

Application for postponement granted. Costs awarded against plaintiff's attorneys de bonis propriis on attorney and client scale. Curator appointed for plaintiff.

Orders

  • The matter is postponed sine die.
  • Adv Anderson is appointed as curator for the plaintiff in terms of prayers 1, 2 and 3 of the Notice of Application for the appointment of curator.