Pritchard v Pritchard (820/2013) [2014] ZAGPPHC 617 (5 August 2014)

Pritchard v Pritchard (820/2013) [2014] ZAGPPHC 617 (5 August 2014)

The court found that the applicant's unreadiness to proceed was not the result of deliberate delaying tactics but arose from genuine difficulties with legal representation and preparation. The applicant acted timeously upon appointing new attorneys, and the circumstances constituted an actus novus interveniens. The court considered the prejudice to both parties and determined that, while the respondent would suffer some prejudice due to further delay, justice required that the applicant be afforded an opportunity to prepare his case adequately. The court exercised its discretion judicially and granted the postponement, ordering the applicant to pay wasted costs on an attorney and client...

Citation
[2014] ZAGPPHC 617
Parties
Applicant: Robert Stephen Timothy Pritchard; Respondent: Sheila Suzanne Pritchard; Plaintiff: Sheila Suzanne Pritchard; Defendant: Robert Stephen Timothy Pritchard; Defendant: The Master of the High Court
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
5 August 2014
Case Number
820/2013
Procedural Posture
Urgent Application / Application for Postponement of Trial
Outcome
Application for postponement granted; applicant ordered to pay wasted costs on attorney and client scale including costs of one counsel.
Judges
S.A.M Baqwa
Legal Topics
Postponement of Trial, Wasted Costs, Testamentary Capacity, Executor Removal
Civil Procedure Family and Children Postponement of Trial Wasted Costs Testamentary Capacity Executor Removal

Case Brief

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Parties

Robert Stephen Timothy Pritchard

Applicant

Sheila Suzanne Pritchard

Respondent

Sheila Suzanne Pritchard

Plaintiff

Robert Stephen Timothy Pritchard

Defendant

The Master of the High Court

Defendant

Procedural Posture

Urgent Application / Application for Postponement of Trial

Legal Issues

  1. 1 Whether the applicant's request for postponement of the trial should be granted.
  2. 2 Whether the applicant's conduct constitutes a delaying tactic.
  3. 3 What is the appropriate costs order in the circumstances.

Ratio Decidendi

The court found that the applicant's unreadiness to proceed was not the result of deliberate delaying tactics but arose from genuine difficulties with legal representation and preparation. The applicant acted timeously upon appointing new attorneys, and the circumstances constituted an actus novus interveniens. The court considered the prejudice to both parties and determined that, while the respondent would suffer some prejudice due to further delay, justice required that the applicant be afforded an opportunity to prepare his case adequately. The court exercised its discretion judicially and granted the postponement, ordering the applicant to pay wasted costs on an attorney and client...

Court Disposition

Application for postponement granted; applicant ordered to pay wasted costs on attorney and client scale including costs of one counsel.

Orders

  • The matter is postponed to the first available preferential date which the registrar is able to allocate.
  • The applicant is to pay the wasted costs occasioned by the postponement on an attorney and client scale, including the costs of employment of one counsel.