Rosenzweig v Lazer t/a S Lazer Attorneys (2021-15446) [2023] ZAGPJHC 31 (23 January 2023)

Rosenzweig v Lazer t/a S Lazer Attorneys (2021-15446) [2023] ZAGPJHC 31 (23 January 2023)

The applicant was not entitled to interest on the inheritance amount because the respondent's obligation to pay only arose once the applicant complied with the trustees' payment conditions. The respondent made payment within twenty-four hours of receiving the required documentation. Any delay or mora could only commence after compliance, which was provided on 21 June 2021. The applicant failed to demonstrate that the respondent was in mora prior to this date. The application was therefore unsuccessful, and costs follow the cause.

Citation
[2023] ZAGPJHC 31
Parties
Applicant: Rebecca Simone Rosenzweig; Respondent: Shelley Lazer t/a S Lazer Attorneys
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
23 January 2023
Case Number
2021-15446
Procedural Posture
Civil Application / Opposed Motion; Final Judgment
Outcome
Application dismissed with costs.
Judges
SC Mia
Legal Topics
Trust Distribution, Mora Interest, Costs Order
Civil Procedure Land and Property Trust Distribution Mora Interest Costs Order

Case Brief

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Parties

Rebecca Simone Rosenzweig

Applicant

Shelley Lazer t/a S Lazer Attorneys

Respondent

Procedural Posture

Civil Application / Opposed Motion; Final Judgment

Legal Issues

  1. 1 Whether the respondent is liable to pay interest on the inheritance amount from 24 October 2019 to 23 June 2021.
  2. 2 Whether the respondent is liable for costs of the application on an attorney and client scale.

Ratio Decidendi

The applicant was not entitled to interest on the inheritance amount because the respondent's obligation to pay only arose once the applicant complied with the trustees' payment conditions. The respondent made payment within twenty-four hours of receiving the required documentation. Any delay or mora could only commence after compliance, which was provided on 21 June 2021. The applicant failed to demonstrate that the respondent was in mora prior to this date. The application was therefore unsuccessful, and costs follow the cause.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.