Mdluli v International Union for Conservation of Nature (JS457/2016) [2018] ZALCJHB 92 (6 March 2018)
- Citation
- [2018] ZALCJHB 92
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Labour Court Johannesburg
- Panel
- Lagrange
- Case number
- JS457/2016
More details
- Court
- Labour Court Johannesburg
- Panel
- Lagrange
- Case number
- JS457/2016
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court found that the applicant's former attorneys, Hlahla Incorporated, failed to provide any explanation for their failure to timeously refer the statement of claim, despite being given ample opportunity to do so. Their conduct amounted to gross negligence, and the applicant herself acted reasonably. Accordingly, the court held that the costs of the opposed condonation application should be borne by the attorneys de bonis propris, rather than by the applicant.
Court disposition
Costs order granted against applicant's former attorneys de bonis propris.
Orders
- Hlahla Incorporated must pay the costs de bonis propris to the respondent for its costs incurred in opposing the applicant’s condonation application for the late referral of her statement of claim.
02
Material facts
Parties
Ditse Emily Mdluli
Applicant Counsel: G van der WesthuizenInternational Union for Conservation of Nature
Respondent Counsel: W P Bekker03
Procedural history
Posture
Cost Application / Costs Order Following Condonation Application
04
Questions and positions
Legal issues
- 01
Whether the applicant's former attorneys should be ordered to pay costs de bonis propris for gross negligence in failing to timeously refer the statement of claim.
- 02
Whether the applicant acted reasonably in the circumstances.
Party arguments
- Applicant
- The applicant acted reasonably and was not responsible for the late referral of her statement of claim; the delay was attributable to her former attorneys' negligence.
- Respondent
- The respondent opposed the condonation application and sought costs against the applicant's former attorneys due to their failure to timeously refer the statement of claim, which resulted in unnecessary litigation.
05
Court’s reasoning
Legal principles
- 01
South African common law
Legal representatives may be ordered to pay costs de bonis propris where their conduct amounts to gross negligence and causes unnecessary litigation.
- 02
Labour Court jurisprudence
Condonation may be granted where the applicant acted reasonably and the delay was not attributable to her own fault.
06
Ratio, limits and disposition
Ratio decidendi
The court found that the applicant's former attorneys, Hlahla Incorporated, failed to provide any explanation for their failure to timeously refer the statement of claim, despite being given ample opportunity to do so. Their conduct amounted to gross negligence, and the applicant herself acted reasonably. Accordingly, the court held that the costs of the opposed condonation application should be borne by the attorneys de bonis propris, rather than by the applicant.
Obiter and limits
- Legal representatives must act diligently and in the best interests of their clients to avoid unnecessary costs orders.
- Failure to respond to a court's invitation to make representations may result in adverse cost consequences for attorneys.
Court disposition
Costs order granted against applicant's former attorneys de bonis propris.
- Hlahla Incorporated must pay the costs de bonis propris to the respondent for its costs incurred in opposing the applicant’s condonation application for the late referral of her statement of claim.
Source and reliance status
Labour Court Johannesburg
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Labour Court Johannesburg
Order
THE LABOUR COURT OF SOUTH AFRICA,
HELD
AT JOHANNESBURG
Case No: JS 457/2016
In the matter between:
DITSE
EMILY MDLULI Applicant and
INTERNATIONAL
UNION FOR
CONSERVATION
OF NATURE Respondent
Cost order delivered: 6 March 2018
Summary: (Condonation – negligence of legal representatives – applicant acted reasonably – appropriate cost order)
COSTS
ORDER
LAGRANGE J
Background
[1] On 7 November 2017, the following order was made in this matter:
1. The applicant’s late referral of her statement of claim is condoned.
2. Within 15 days of receipt of this order, the appicant’s erstwhile attorneys of record, Hlahla Inc. must show good cause why they should not be ordered to pay costs de bonis propris to the respondent for its costs incurred in opposing the condonation application on account of failing to timeously refer the applicant’s statement of claim.
[2] Despite having ample opportunity to make representations, the applicant’s former attorneys of record have made none. In the circumstances, they have failed to satisfy me that the late referral of the applicant’s statement of claim was not attributable to their gross negligence and why they should not be held liable for the costs of the opposed condonation application.
Order
[3] Hlahla Incorporated must pay the costs de bonis propris to the respondent for its costs incurred in opposing the applicant’s condonation application for the late referral of her statement of claim.
_______
Lagrange J
Judge of the Labour Court of South Africa
(In chambers)
APPEARANCES
APPLICANT:
G van der Westhuizen instructed by MacRobert Attorneys
RESPONDENT:
W P Bekker instructed by Gildenhuys Malatji Inc.
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