Pholosa Asset Management v Swanepoel and Another (1386/2011) [2011] ZAECGHC 48 (22 September 2011)

Pholosa Asset Management v Swanepoel and Another (1386/2011) [2011] ZAECGHC 48 (22 September 2011)

The court found that the First Respondent faces significant obstacles in the main application, including procedural tardiness, failure to lodge security, and seeking relief in the wrong forum. The relief sought is convoluted and amounts to soliciting legal advice from the court, which is impermissible. The prospects of success are slim, and the First Respondent has not provided sufficient facts to demonstrate his ability to satisfy an adverse costs order. Although the Applicant did not substantiate the quantum of security required, the court determined that security should be ordered, with the amount to be set by the Registrar. The application is stayed pending provision of security, and...

Citation
[2011] ZAECGHC 48
Parties
Applicant: Pholosa Asset Management (Pty) Ltd; Respondent: Frederick Swanepoel; Respondent: Magistrate SS Nobumba
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
22 September 2011
Case Number
1386/2011
Procedural Posture
Civil Application / Application for Security for Costs in Pending Appeal Related Proceedings
Outcome
Application granted in part; First Respondent ordered to provide security for costs as determined by the Registrar, with proceedings stayed pending provision of security.
Judges
J.E Smith
Legal Topics
Security for Costs, Vexatious Litigation, Condonation, Appeal Procedure, Costs Orders
Civil Procedure Security for Costs Vexatious Litigation Condonation Appeal Procedure Costs Orders

Case Brief

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Parties

Pholosa Asset Management (Pty) Ltd

Applicant

Frederick Swanepoel

Respondent

Magistrate SS Nobumba

Respondent

Procedural Posture

Civil Application / Application for Security for Costs in Pending Appeal Related Proceedings

Legal Issues

  1. 1 Whether the First Respondent should be ordered to provide security for costs in the main application.
  2. 2 Whether the main application is vexatious and has prospects of success.
  3. 3 Whether the First Respondent has sufficient means to satisfy an adverse costs order.

Ratio Decidendi

The court found that the First Respondent faces significant obstacles in the main application, including procedural tardiness, failure to lodge security, and seeking relief in the wrong forum. The relief sought is convoluted and amounts to soliciting legal advice from the court, which is impermissible. The prospects of success are slim, and the First Respondent has not provided sufficient facts to demonstrate his ability to satisfy an adverse costs order. Although the Applicant did not substantiate the quantum of security required, the court determined that security should be ordered, with the amount to be set by the Registrar. The application is stayed pending provision of security, and...

Court Disposition

Application granted in part; First Respondent ordered to provide security for costs as determined by the Registrar, with proceedings stayed pending provision of security.

Orders

  • The First Respondent is directed to put up security for costs in such amount as may be determined by the Registrar in respect of proceedings instituted by the First Respondent against the Applicant under case number 1386/11.
  • The First Respondent’s application is stayed pending the furnishing of the security.