Preller Plein Apteek v Hesketh (5900/2008) [2017] ZAFSHC 86 (25 May 2017)

Preller Plein Apteek v Hesketh (5900/2008) [2017] ZAFSHC 86 (25 May 2017)

The court found that the postponement was necessitated by the unforeseen medical emergency of the applicant's expert witness, Dr Leon Wagner, and was not due to any fault or negligence on the part of the applicant. The respondent's legal representatives were notified in advance of the postponement but chose to travel to Bloemfontein regardless, incurring unnecessary costs. The court held that there was no culpability on the part of the applicant and that it would be unjust and inequitable to order the applicant to pay the wasted costs. Each party was ordered to pay its own costs.

Citation
[2017] ZAFSHC 86
Parties
Applicant: Preller Plein Apteek; Respondent: Bernadette Marion Hesketh
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 May 2017
Case Number
5900/2008
Procedural Posture
Civil Application / Postponement and Costs Determination
Outcome
The matter was postponed and each party was ordered to pay its own costs.
Judges
M A Mathebula
Legal Topics
Postponement, Wasted Costs, Judicial Discretion
Civil Procedure Postponement Wasted Costs Judicial Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Preller Plein Apteek

Applicant

Bernadette Marion Hesketh

Respondent

Procedural Posture

Civil Application / Postponement and Costs Determination

Legal Issues

  1. 1 Whether the applicant should be ordered to pay the wasted costs resulting from the postponement of the hearing.
  2. 2 Whether the postponement was caused by circumstances beyond the applicant's control.
  3. 3 Whether the respondent's legal representatives acted reasonably in incurring costs for attending court despite being notified of the postponement.

Ratio Decidendi

The court found that the postponement was necessitated by the unforeseen medical emergency of the applicant's expert witness, Dr Leon Wagner, and was not due to any fault or negligence on the part of the applicant. The respondent's legal representatives were notified in advance of the postponement but chose to travel to Bloemfontein regardless, incurring unnecessary costs. The court held that there was no culpability on the part of the applicant and that it would be unjust and inequitable to order the applicant to pay the wasted costs. Each party was ordered to pay its own costs.

Court Disposition

The matter was postponed and each party was ordered to pay its own costs.

Orders

  • The matter is postponed to 16 to 20 October 2017.
  • Each party to pay its own costs.