Motise v Clover SA (Pty) Limited (JR643/01) [2003] ZALC 157 (19 March 2003)

Motise v Clover SA (Pty) Limited (JR643/01) [2003] ZALC 157 (19 March 2003)

The court found that the repeated postponements were solely attributable to the applicant's attorneys, who failed to serve the applicant's interests and caused unnecessary costs for the respondent. In the interests of fairness, the applicant was granted an opportunity to seek new representation. However, the applicant's attorneys of record were ordered to pay the wasted costs incurred by the respondent on a party and party scale, de bonis propriis, due to their conduct.

Citation
[2003] ZALC 157
Parties
Applicant: P Mutise; Respondent: Clover SA (Pty) Limited
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
19 March 2003
Case Number
JR643/01
Procedural Posture
Review Application / Application for Postponement and Wasted Costs
Outcome
The matter is postponed sine die. The applicant's attorneys of record are ordered to pay the wasted costs incurred by the respondent, de bonis propriis.
Judges
E Revelas
Legal Topics
Arbitration Review, Legal Representation, Postponement, Wasted Costs
Labour Law Civil Procedure Arbitration Review Legal Representation Postponement Wasted Costs

Case Brief

Summary, issues, holding and outcome

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Parties

P Mutise

Applicant

Clover SA (Pty) Limited

Respondent

Procedural Posture

Review Application / Application for Postponement and Wasted Costs

Legal Issues

  1. 1 Whether the applicant should be granted a postponement to seek new representation.
  2. 2 Whether the applicant's attorneys should be liable for wasted costs incurred by the respondent due to repeated postponements.

Ratio Decidendi

The court found that the repeated postponements were solely attributable to the applicant's attorneys, who failed to serve the applicant's interests and caused unnecessary costs for the respondent. In the interests of fairness, the applicant was granted an opportunity to seek new representation. However, the applicant's attorneys of record were ordered to pay the wasted costs incurred by the respondent on a party and party scale, de bonis propriis, due to their conduct.

Court Disposition

The matter is postponed sine die. The applicant's attorneys of record are ordered to pay the wasted costs incurred by the respondent, de bonis propriis.

Orders

  • The matter is postponed sine die.
  • The applicant's attorneys of record, Moosa, Jeremiah & Associates Inc, are to pay the wasted costs incurred on a scale as between party and party but de bonis propriis.