Propbel Fifty Four (Pty) Ltd and Others v Basson (7382/2004) [2007] ZAWCHC 85 (14 May 2007)

Propbel Fifty Four (Pty) Ltd and Others v Basson (7382/2004) [2007] ZAWCHC 85 (14 May 2007)

The court found that the respondent had lost confidence in her previous legal representatives after being advised at a late stage that she had little prospect of success. She sought a postponement to consult with new attorneys and obtain further advice. The applicants opposed the postponement, citing procedural...

Source-derived case information.

Citation
[2007] ZAWCHC 85
Parties
Applicant: Propbel Fifty Four (Pty) Limited; Applicant: Actprop (Pty) Limited; Applicant: J Roodt; Respondent: M A Basson
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Case Number
7382/2004
Procedural Posture
Urgent Application / Application for Postponement of Main Application
Outcome
Postponement granted; respondent ordered to pay wasted costs on attorney and own client scale.
Judges
Fourie, R
Legal Topics
Postponement of Proceedings, Costs Order, Judicial Discretion
Civil Procedure Postponement of Proceedings Costs Order Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Propbel Fifty Four (Pty) Limited

Applicant

Actprop (Pty) Limited

Applicant

J Roodt

Applicant

M A Basson

Respondent

Procedural Posture

Urgent Application / Application for Postponement of Main Application

  1. 1 Whether the respondent should be granted a postponement of the main application to allow consultation with new legal representatives.
  2. 2 Whether the applicants will suffer irreparable prejudice if the postponement is granted.
  3. 3 What costs order is appropriate in the circumstances.

Ratio Decidendi

The court found that the respondent had lost confidence in her previous legal representatives after being advised at a late stage that she had little prospect of success. She sought a postponement to consult with new attorneys and obtain further advice. The applicants opposed the postponement, citing procedural delays and prejudice. The court determined that, although the postponement would cause further delay and costs for the applicants, these could be mitigated by an appropriate costs order. The interests of justice required that the respondent be afforded an opportunity to obtain a second opinion, as refusing the postponement could irreparably prejudice her ability to present her...

Court Disposition

Postponement granted; respondent ordered to pay wasted costs on attorney and own client scale.

Orders

  • The main application is postponed for hearing in the fourth division of this Court on a date to be arranged with the Registrar.
  • The Registrar may allocate a preferential date for the hearing.