Rademeyer v Minister of Correctional Services (05/15044) [2008] ZAGPHC 141 (30 April 2008)

Rademeyer v Minister of Correctional Services (05/15044) [2008] ZAGPHC 141 (30 April 2008)

The court held that the defendant failed to establish special circumstances justifying withdrawal of the concession made at two pre-trial conferences. The defendant did not provide a full explanation of the circumstances of the alleged error, nor did he demonstrate bona fides or that justice and fairness required restoration of the status quo ante. The defendant's affidavits were insufficient and did not show a viable defence to the merits, as there was no positive averment that statutory notice had not been received. The plaintiff would suffer irreparable prejudice if the concession were withdrawn, and such prejudice could not be remedied by a costs order. Accordingly, the application...

Citation
[2008] ZAGPHC 141
Parties
Plaintiff: Ellen Tabitha Rademeyer; Defendant: Minister of Correctional Services
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
30 April 2008
Case Number
05/15044
Procedural Posture
Civil Procedure Application / Application by Defendant to Withdraw Concession Made at Pre Trial Conferences Prior to Quantification Hearing.
Outcome
Application dismissed. Defendant's concession stands. Punitive costs order granted against the defendant.
Judges
FHD Van Oosten
Legal Topics
Withdrawal of Admission, Pre Trial Conference, Concession of Liability, Prescription, Statutory Notice, Costs Order
Civil Procedure Withdrawal of Admission Pre Trial Conference Concession of Liability Prescription Statutory Notice Costs Order

Case Brief

Summary, issues, holding and outcome

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Parties

Ellen Tabitha Rademeyer

Plaintiff

Minister of Correctional Services

Defendant

Procedural Posture

Civil Procedure Application / Application by Defendant to Withdraw Concession Made at Pre Trial Conferences Prior to Quantification Hearing.

Legal Issues

  1. 1 Whether the defendant may withdraw a concession of liability made at two pre-trial conferences.
  2. 2 Whether special circumstances exist to justify the withdrawal of the concession.
  3. 3 Whether the defendant has a viable defence to the merits of the plaintiff's claim.

Ratio Decidendi

The court held that the defendant failed to establish special circumstances justifying withdrawal of the concession made at two pre-trial conferences. The defendant did not provide a full explanation of the circumstances of the alleged error, nor did he demonstrate bona fides or that justice and fairness required restoration of the status quo ante. The defendant's affidavits were insufficient and did not show a viable defence to the merits, as there was no positive averment that statutory notice had not been received. The plaintiff would suffer irreparable prejudice if the concession were withdrawn, and such prejudice could not be remedied by a costs order. Accordingly, the application...

Court Disposition

Application dismissed. Defendant's concession stands. Punitive costs order granted against the defendant.

Orders

  • The defendant's application for withdrawal of the concession made at the pre-trial conferences is dismissed.
  • The defendant is ordered to pay the costs of the application on the scale as between attorney and client.