Smeets v Herman Grobler en Vennote and Others (41170/14 , 6837/2014) [2014] ZAGPPHC 508 (2 July 2014)

Smeets v Herman Grobler en Vennote and Others (41170/14 , 6837/2014) [2014] ZAGPPHC 508 (2 July 2014)

The court held that the applicant is not entitled to seek an order prohibiting the respondents from practising as attorneys, as such powers are vested exclusively in the Law Society under the Attorneys Act. The urgent basis for the application fell away once this relief was abandoned, leaving only a monetary claim for repayment of trust monies. The court found that insufficient facts were placed before it to justify a final money judgment against the second respondent, particularly as she no longer had access to the trust account after leaving the partnership. The application for payment against the first, second, and third respondents was postponed sine die, pending further investigation...

Citation
[2014] ZAGPPHC 508
Parties
Applicant: T.H.V.S.J.M. Smeets; Respondent: Herman Grobler en Vennote; Respondent: S. Weideman; Respondent: M.R. Augostine; Respondent: S. Weideman Prokureurs; Respondent: Die Prokureursorde van die Noordelike Provinsies
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 July 2014
Case Number
41170/14 , 6837/2014
Procedural Posture
Urgent Application / Final Determination of Urgent Application and Related Disciplinary/interdict Proceedings
Outcome
Application for urgent monetary relief postponed sine die; application for prohibition from practice dismissed; disciplinary application against third respondent granted.
Judges
C.P. Rabie
Legal Topics
Urgent Interdict, Trust Account Liability, Partnership Liability, Disciplinary Proceedings, Attorney Suspension
Civil Procedure Commercial and Corporate Urgent Interdict Trust Account Liability Partnership Liability Disciplinary Proceedings Attorney Suspension

Case Brief

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Parties

T.H.V.S.J.M. Smeets

Applicant

Herman Grobler en Vennote

Respondent

S. Weideman

Respondent

M.R. Augostine

Respondent

S. Weideman Prokureurs

Respondent

Die Prokureursorde van die Noordelike Provinsies

Respondent

Procedural Posture

Urgent Application / Final Determination of Urgent Application and Related Disciplinary/interdict Proceedings

Legal Issues

  1. 1 Whether the applicant is entitled to urgent relief for payment of trust monies against the respondents.
  2. 2 Whether the applicant may seek an order prohibiting the respondents from practising as attorneys.
  3. 3 Whether the partnership law renders former partners jointly and severally liable for partnership debts after dissolution.

Ratio Decidendi

The court held that the applicant is not entitled to seek an order prohibiting the respondents from practising as attorneys, as such powers are vested exclusively in the Law Society under the Attorneys Act. The urgent basis for the application fell away once this relief was abandoned, leaving only a monetary claim for repayment of trust monies. The court found that insufficient facts were placed before it to justify a final money judgment against the second respondent, particularly as she no longer had access to the trust account after leaving the partnership. The application for payment against the first, second, and third respondents was postponed sine die, pending further investigation...

Court Disposition

Application for urgent monetary relief postponed sine die; application for prohibition from practice dismissed; disciplinary application against third respondent granted.

Orders

  • The application for payment against the first, second, and third respondents is postponed sine die.
  • The application for prohibition from practice against the first, second, and third respondents is dismissed.