Steve Merchak Attorneys v G G (16755/2018) [2019] ZAGPJHC 228 (4 July 2019)

Steve Merchak Attorneys v G G (16755/2018) [2019] ZAGPJHC 228 (4 July 2019)

The court found that the defendant failed to present a bona fide defence to the portion of the claim relating to disbursements paid to third parties, as she did not contest those amounts in her affidavit. The plaintiff was entitled to summary judgment for the uncontested sum of R469,760.20, together with interest. However, disputes remained regarding the computation of the plaintiff's fees for professional services, and the defendant was granted leave to defend the remainder of the claim. Condonation for the late filing of the opposing affidavit was granted, with costs to be borne by the defendant.

Citation
[2019] ZAGPJHC 228
Parties
Plaintiff: Steve Merchak Attorneys; Defendant: G G
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
4 July 2019
Case Number
16755/2018
Procedural Posture
Summary Judgment Application / Hearing and Determination of Summary Judgment and Condonation Application
Outcome
Partial summary judgment granted in favour of the plaintiff for uncontested disbursements; leave to defend remainder of claim; condonation granted for late filing of opposing affidavit.
Judges
M Victor
Legal Topics
Summary Judgment, Attorney Client Fees, Condonation, Taxation of Costs
Civil Procedure Commercial and Corporate Summary Judgment Attorney Client Fees Condonation Taxation of Costs

Case Brief

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Parties

Steve Merchak Attorneys

Plaintiff

G G

Defendant

Procedural Posture

Summary Judgment Application / Hearing and Determination of Summary Judgment and Condonation Application

Legal Issues

  1. 1 Whether summary judgment should be granted for the full amount claimed by the plaintiff.
  2. 2 Whether partial summary judgment can be granted for uncontested disbursements paid to third parties.
  3. 3 Whether condonation should be granted for the late filing of the defendant's opposing affidavit.

Ratio Decidendi

The court found that the defendant failed to present a bona fide defence to the portion of the claim relating to disbursements paid to third parties, as she did not contest those amounts in her affidavit. The plaintiff was entitled to summary judgment for the uncontested sum of R469,760.20, together with interest. However, disputes remained regarding the computation of the plaintiff's fees for professional services, and the defendant was granted leave to defend the remainder of the claim. Condonation for the late filing of the opposing affidavit was granted, with costs to be borne by the defendant.

Court Disposition

Partial summary judgment granted in favour of the plaintiff for uncontested disbursements; leave to defend remainder of claim; condonation granted for late filing of opposing affidavit.

Orders

  • The defendant's application for condonation is granted.
  • The defendant is to pay the costs including the wasted costs of 29 May 2018, taxable and payable immediately.