Proconse Consulting Engineers (Pty) Limited v Intersite Property Management Services (Pty) Limited (22767/2011) [2014] ZAGPPHC 696 (26 August 2014)

Proconse Consulting Engineers (Pty) Limited v Intersite Property Management Services (Pty) Limited (22767/2011) [2014] ZAGPPHC 696 (26 August 2014)

The court found that the plaintiff had established good and strong reasons for postponement, particularly the need to obtain relevant documentation from third parties and the recent revelation regarding the cancellation of its contract due to lack of funding. Although the application was not made timeously, the interests of justice and fairness justified granting the postponement. The court also found that the plaintiff's conduct in delaying the application warranted an adverse costs order. The application for postponement was granted, with directions for the plaintiff to secure the necessary documents within three months and to pay the wasted costs occasioned by the postponement,...

Citation
[2014] ZAGPPHC 696
Parties
Applicant: Proconse Consulting Engineers (Pty) Limited; Defendant: Intersite Property Management Services (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 August 2014
Case Number
22767/2011
Procedural Posture
Urgent Application / Application for Postponement of Trial
Outcome
Application for postponement granted; plaintiff ordered to pay wasted costs.
Judges
A.M.L. Phatudi
Legal Topics
Postponement of Trial, Wasted Costs, Oral Agreement, Document Disclosure
Civil Procedure Postponement of Trial Wasted Costs Oral Agreement Document Disclosure

Case Brief

Summary, issues, holding and outcome

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Parties

Proconse Consulting Engineers (Pty) Limited

Applicant

Intersite Property Management Services (Pty) Limited

Defendant

Procedural Posture

Urgent Application / Application for Postponement of Trial

Legal Issues

  1. 1 Whether the plaintiff has shown good and strong reasons for the postponement of the trial.
  2. 2 Whether the application for postponement was made timeously and bona fide.
  3. 3 Whether the plaintiff is entitled to seek further documentary evidence from third parties.

Ratio Decidendi

The court found that the plaintiff had established good and strong reasons for postponement, particularly the need to obtain relevant documentation from third parties and the recent revelation regarding the cancellation of its contract due to lack of funding. Although the application was not made timeously, the interests of justice and fairness justified granting the postponement. The court also found that the plaintiff's conduct in delaying the application warranted an adverse costs order. The application for postponement was granted, with directions for the plaintiff to secure the necessary documents within three months and to pay the wasted costs occasioned by the postponement,...

Court Disposition

Application for postponement granted; plaintiff ordered to pay wasted costs.

Orders

  • The trial set down for 25 August 2014 is postponed sine die.
  • The plaintiff/applicant is ordered to secure the documents in possession of third parties within three months from the date of judgment.