South Africa Order

Labour Court Johannesburg

Mdluli v International Union for Conservation of Nature (JS457/2016) [2018] ZALCJHB 92 (6 March 2018)

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Source document

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 Westhuizen

International Union for Conservation of Nature

Respondent Counsel: W P Bekker

03

Procedural history

  1. Posture

    Cost Application / Costs Order Following Condonation Application

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Labour Court Johannesburg

Order

[2018] ZALCJHB 92

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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