Pitt obo Pitt v Road Accident Fund (850/2016, ECD 2150/2016) [2019] ZAECELLC 5 (5 March 2019)

Pitt obo Pitt v Road Accident Fund (850/2016, ECD 2150/2016) [2019] ZAECELLC 5 (5 March 2019)

The court found that the matter was not properly set down for trial on 31 January 2019 because the plaintiff's attorney failed to serve and file a formal notice of set down as required by Rule 29(2)(b). The Registrar's notice alone does not constitute proper set down. As a result, neither party should be mulcted with costs occasioned by the postponement. The agreement between attorneys regarding costs was not binding on the court, especially since the plaintiff was not consulted. The court also expressed concern about the plaintiff's attorney's lack of diligence and professionalism in handling the matter, emphasizing the duty of attorneys to act in their clients' best interests.

Citation
[2019] ZAECELLC 5
Parties
Plaintiff: Chantelle Pitt obo Taneal Pitt; Defendant: Road Accident Fund
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
5 March 2019
Case Number
850/2016, ECD 2150/2016
Procedural Posture
Civil Trial / Costs Determination After Postponement
Outcome
No order as to costs; neither attorney may recover fees from their respective clients for the appearance, postponement, or affidavits filed pursuant to the order of 31 January 2019.
Judges
G J Gajjar
Legal Topics
Trial Set Down, Postponement Costs, Attorney Conduct, Notice of Set Down, Eastern Cape Practice Rules
Civil Procedure Trial Set Down Postponement Costs Attorney Conduct Notice of Set Down Eastern Cape Practice Rules

Case Brief

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Parties

Chantelle Pitt obo Taneal Pitt

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Costs Determination After Postponement

Legal Issues

  1. 1 Was the matter properly set down for trial on 31 January 2019 in terms of Rule 29(2)(b) and Eastern Cape Practice Rule 3(1)(c).
  2. 2 Should either party, or their attorneys, be liable for the wasted costs occasioned by the postponement.
  3. 3 Does an agreement between attorneys regarding costs bind the court when the client was not consulted.

Ratio Decidendi

The court found that the matter was not properly set down for trial on 31 January 2019 because the plaintiff's attorney failed to serve and file a formal notice of set down as required by Rule 29(2)(b). The Registrar's notice alone does not constitute proper set down. As a result, neither party should be mulcted with costs occasioned by the postponement. The agreement between attorneys regarding costs was not binding on the court, especially since the plaintiff was not consulted. The court also expressed concern about the plaintiff's attorney's lack of diligence and professionalism in handling the matter, emphasizing the duty of attorneys to act in their clients' best interests.

Court Disposition

No order as to costs; neither attorney may recover fees from their respective clients for the appearance, postponement, or affidavits filed pursuant to the order of 31 January 2019.

Orders

  • There shall be no order as to costs.
  • Neither attorney is to recover any fees from their respective clients in respect of their appearance, the postponement and the affidavits filed pursuant to the order of 31 January 2019.