Strydom and Another v Coomans and Others (M533/2021) [2024] ZANWHC 6; 2024 (4) SA 302 (NWM) (8 January 2024)

Strydom and Another v Coomans and Others (M533/2021) [2024] ZANWHC 6; 2024 (4) SA 302 (NWM) (8 January 2024)

The court found that the request for reasons was made despite a comprehensive written judgment already containing the reasons for the order. Such requests, when made without proper basis, constitute frivolous and mindless litigation and serve only to protract proceedings and waste judicial resources. The practice of attorneys requesting reasons in these circumstances is a dubious and fee-generating exercise that prejudices both the court and the client. The court exercised its discretion to deprive the applicant's attorney of any entitlement to fees for the drafting, filing, or perusal of the request for reasons, as such conduct does not serve the interests of justice and should not be...

Citation
[2024] ZANWHC 6
Parties
Applicant: Stephanus Salamon Strydom; Applicant: The individuals mentioned in Annexure 'X' to the founding affidavit; Respondent: Solomon William Coomans; Respondent: Andries Coomans; Respondent: Solomon William Coomans N.O.; Respondent: Louisa Coomans N.O.; Respondent: Gawie du Plessis; Respondent: The Trustees of the Andries du Plessis Trust (IT 316/2001)
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
8 January 2024
Case Number
M533/2021
Procedural Posture
Leave to Appeal / Request for Reasons Following Dismissal of Leave to Appeal
Outcome
The applicant's attorney is not entitled to any fee for the drafting, filing, or perusal of the request for reasons, or any related actions.
Judges
FMM Reid
Legal Topics
Costs Orders, Frivolous Litigation, Request for Reasons, Judicial Discretion
Civil Procedure Costs Orders Frivolous Litigation Request for Reasons Judicial Discretion

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Parties

Stephanus Salamon Strydom

Applicant

The individuals mentioned in Annexure 'X' to the founding affidavit

Applicant

Solomon William Coomans

Respondent

Andries Coomans

Respondent

Solomon William Coomans N.O.

Respondent

Louisa Coomans N.O.

Respondent

Gawie du Plessis

Respondent

The Trustees of the Andries du Plessis Trust (IT 316/2001)

Respondent

Procedural Posture

Leave to Appeal / Request for Reasons Following Dismissal of Leave to Appeal

Legal Issues

  1. 1 Whether an attorney is entitled to invoice a client for requesting reasons when a written judgment already contains detailed reasons.
  2. 2 Whether the court should exercise its discretion to deprive an attorney of costs for frivolous or mindless litigation processes.
  3. 3 Whether requesting reasons in such circumstances constitutes a fee-generating practice contrary to the interests of justice.

Ratio Decidendi

The court found that the request for reasons was made despite a comprehensive written judgment already containing the reasons for the order. Such requests, when made without proper basis, constitute frivolous and mindless litigation and serve only to protract proceedings and waste judicial resources. The practice of attorneys requesting reasons in these circumstances is a dubious and fee-generating exercise that prejudices both the court and the client. The court exercised its discretion to deprive the applicant's attorney of any entitlement to fees for the drafting, filing, or perusal of the request for reasons, as such conduct does not serve the interests of justice and should not be...

Court Disposition

The applicant's attorney is not entitled to any fee for the drafting, filing, or perusal of the request for reasons, or any related actions.

Orders

  • The reasons for the judgment are contained in the written judgment dated 16 November 2023.
  • The applicant’s attorney is not entitled to a fee for either the drafting and filing of the request for reasons, the perusal of the reasons given, or any other actions in relation to the request for reasons for the judgment.