Ntloko v Bobotyana (EL18/2019) [2019] ZAECELLC 22 (23 August 2019)

Ntloko v Bobotyana (EL18/2019) [2019] ZAECELLC 22 (23 August 2019)

The respondent's interlocutory applications regarding authority and non-joinder were dismissed as lacking merit; neither the curator nor the NDPP had a direct and substantial interest in the relief sought. The respondent failed to comply with his statutory and ethical duty to account to the applicant for the settlement amount received from the Road Accident Fund, did not provide an itemized bill of costs, and did not substantiate any alleged loans. The purported contingency fee agreement was not compliant with the Contingency Fee Act, which prohibits charging a flat 25% of the capital award without reference to actual work done. The respondent's conduct in refusing to account, failing to...

Citation
[2019] ZAECELLC 22
Parties
Applicant: Loyiso Ntloko; Respondent: Mzwandile Tony Cedric Bobotyana
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
23 August 2019
Case Number
EL 18/2019
Procedural Posture
Urgent Application / Judgment Delivered After Hearing on 8 August 2019
Outcome
Application granted in favour of the applicant; interlocutory applications by the respondent dismissed.
Judges
Rusa
Legal Topics
Attorney Client Bill of Costs, Contingency Fee Agreement, Duty to Account, Non Joinder, Authority to Act
Civil Procedure Commercial and Corporate Attorney Client Bill of Costs Contingency Fee Agreement Duty to Account Non Joinder Authority to Act

Case Brief

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Parties

Loyiso Ntloko

Applicant

Mzwandile Tony Cedric Bobotyana

Respondent

Procedural Posture

Urgent Application / Judgment Delivered After Hearing on 8 August 2019

Legal Issues

  1. 1 Whether the respondent is obliged to furnish the applicant with an itemized attorney and client bill of costs.
  2. 2 Whether the respondent must deliver the applicant's litigation file.
  3. 3 Whether the respondent's deduction of 25% contingency fee from the settlement amount was lawful under the Contingency Fee Act.

Ratio Decidendi

The respondent's interlocutory applications regarding authority and non-joinder were dismissed as lacking merit; neither the curator nor the NDPP had a direct and substantial interest in the relief sought. The respondent failed to comply with his statutory and ethical duty to account to the applicant for the settlement amount received from the Road Accident Fund, did not provide an itemized bill of costs, and did not substantiate any alleged loans. The purported contingency fee agreement was not compliant with the Contingency Fee Act, which prohibits charging a flat 25% of the capital award without reference to actual work done. The respondent's conduct in refusing to account, failing to...

Court Disposition

Application granted in favour of the applicant; interlocutory applications by the respondent dismissed.

Orders

  • The respondent is directed to furnish the applicant with an itemized bill of costs on the attorney and client scale within 10 days from the date of this order.
  • The respondent is directed to deliver to the applicant's attorneys the applicant's litigation file within 10 days from the date of this order.