Sequeira v Mandla Bricks and Blocks CC and Others (31395/2019) [2020] ZAGPPHC 695 (24 November 2020)

Sequeira v Mandla Bricks and Blocks CC and Others (31395/2019) [2020] ZAGPPHC 695 (24 November 2020)

The court found that the postponement was inevitable due to the illness of the eighth defendant, who was a crucial witness, and not attributable to fault by any party. However, the defendants had been dilatory in their litigation obligations, including late filing of their statement of defence and failure to make discovery, which exacerbated the wasted costs. The plaintiff's late supplementary discoveries and expert summaries did not materially contribute to the postponement. The court held that the defendants should have notified the plaintiff of the eighth defendant's illness immediately, which would have prevented further wasted costs. In exercising its discretion, the court ordered...

Citation
[2020] ZAGPPHC 695
Parties
Plaintiff: George Antonio Gonsalves Sequeira; Defendant: Mandla Bricks and Blocks CC; Defendant: Lintel Suppliers CC; Defendant: Labour Secretaries CC; Defendant: Celeste Antonette Brits; Defendant: Gideon Petrus Brits; Defendant: Nadia Borcher; Defendant: Richard Kenneth Borcher; Defendant: De'Mon Brits
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 November 2020
Case Number
31395/2019
Procedural Posture
Civil Trial / Costs of Postponement
Outcome
The trial is postponed sine die. The defendants are jointly and severally ordered to pay the plaintiff's wasted costs for steps taken after 12 November 2020 up to and including the first day of trial, on the scale as between attorney and client, including the costs of senior counsel and the preparation and...
Judges
N Davis
Legal Topics
Wasted Costs, Postponement, Close Corporations Act, Companies Act, Attorney and Client Costs
Civil Procedure Commercial and Corporate Wasted Costs Postponement Close Corporations Act Companies Act Attorney and Client Costs

Case Brief

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Parties

George Antonio Gonsalves Sequeira

Plaintiff

Mandla Bricks and Blocks CC

Defendant

Lintel Suppliers CC

Defendant

Labour Secretaries CC

Defendant

Celeste Antonette Brits

Defendant

Gideon Petrus Brits

Defendant

Nadia Borcher

Defendant

Richard Kenneth Borcher

Defendant

De'Mon Brits

Defendant

Procedural Posture

Civil Trial / Costs of Postponement

Legal Issues

  1. 1 Who should bear the wasted costs occasioned by the postponement of the trial due to the illness of a crucial defendant and witness.
  2. 2 Whether the defendants' dilatory conduct in litigation affects the allocation of wasted costs.
  3. 3 Whether late supplementary discoveries and expert summaries by the plaintiff have any bearing on the postponement and costs.

Ratio Decidendi

The court found that the postponement was inevitable due to the illness of the eighth defendant, who was a crucial witness, and not attributable to fault by any party. However, the defendants had been dilatory in their litigation obligations, including late filing of their statement of defence and failure to make discovery, which exacerbated the wasted costs. The plaintiff's late supplementary discoveries and expert summaries did not materially contribute to the postponement. The court held that the defendants should have notified the plaintiff of the eighth defendant's illness immediately, which would have prevented further wasted costs. In exercising its discretion, the court ordered...

Court Disposition

The trial is postponed sine die. The defendants are jointly and severally ordered to pay the plaintiff's wasted costs for steps taken after 12 November 2020 up to and including the first day of trial, on the scale as between attorney and client, including the costs of senior counsel and the preparation and...

Orders

  • The trial is postponed sine die.
  • The defendants are jointly and severally ordered to pay the plaintiff's wasted costs for steps taken after 12 November 2020 up to and including the first day of trial, on the scale as between attorney and client, including the costs of senior counsel and the preparation and reservation costs of the two expert...