Universal Pulse Trading 18 (Pty) Ltd v Aveng (Africa) Pty) Ltd and Another (2021-54340) [2021] ZAGPJHC 117 (21 November 2021)
The court found that the applicant's delay in bringing the urgent application, having threatened such action over a year earlier, rendered the urgency entirely self-created. The applicant failed to act promptly and provided no satisfactory explanation for the delay. As a result, the application was struck off the...
Source-derived case information.
- Citation
- [2021] ZAGPJHC 117
- Parties
- Applicant: Universal Pulse Trading 18 (Pty) Ltd; Respondent: Aveng (Africa) Pty Ltd; Respondent: Galetti Auction
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 2021-54340
- Procedural Posture
- Urgent Application / Application for Urgent Interdict
- Outcome
- Application struck off the roll for lack of urgency. Applicant ordered to pay costs on attorney and client scale.
- Judges
- Wright
- Legal Topics
- Urgent Interdict, Self Created Urgency, Costs Order, Property Auction
Source-derived case record
Summary, issues, holding and outcome
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Parties
Universal Pulse Trading 18 (Pty) Ltd
Applicant
Aveng (Africa) Pty Ltd
Respondent
Galetti Auction
Respondent
Procedural Posture
Urgent Application / Application for Urgent Interdict
Legal Issues
- 1 Whether the applicant is entitled to an urgent interdict preventing the auction of the disputed property.
- 2 Whether the urgency of the application is self-created and justifies a punitive costs order.
Ratio Decidendi
The court found that the applicant's delay in bringing the urgent application, having threatened such action over a year earlier, rendered the urgency entirely self-created. The applicant failed to act promptly and provided no satisfactory explanation for the delay. As a result, the application was struck off the roll for lack of genuine urgency. The court further held that the applicant's conduct justified a punitive costs order on the attorney and client scale, including the costs of counsel where employed.
Court Disposition
Application struck off the roll for lack of urgency. Applicant ordered to pay costs on attorney and client scale.
Orders
- The application is struck off the roll.
- The applicant is to pay the costs of the first respondent on the scale as between attorney and client, including those of counsel where so employed.
Full Case Text
Judgment text and source record
33 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case Number: 2021-54340
(1) REPORTABLE: No
(2) OF INTEREST TO OTHER JUDGES: No
(3) REVISED
Judgment delivered in open court on 21 November 2021.
wRIGHT J, sIGNED ON 10 APRIL 2024
DATE SIGNATURE
Signed on 10 April 2024
In the matter between:
UNIVERSAL PULSE TRADING 18 (PTY) LTD
Applicant
and
AVENG (AFRICA) PTY LTD
1ST Respondent
GALETTI AUCTION
2ND Respondent
JUDGMENT
WRIGHT J
The applicant company seeks urgently to interdict the auction of a property that is the subject of a dispute between the applicant and the first respondent. The auctioneer is the second respondent.
The applicant’s attorney threatened an urgent application on 9 November 2020, over a year ago. The present application, brought on short notice, over a year later, is based on self – created urgency to an alarming degree. This attracts a special costs order.
ORDER
1. Struck off.
2. The applicant is to pay the costs of the first respondent on the scale as between attorney and client, including those of counsel where so employed.
WRIGHT J
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
Heard on: 21 November 2021
Delivered on: 21 November 2021
Appearances:
Applicant Pillay Thesigan Inc 011 226 9858 coj@pillayinc.com 1st Respondent: Dingiswayo Du Plessis Van Der Merwe Inc. 010 035 5027 fani@ddvm.co.za