Van der Hoven v Nedbank Limited (A3168/2018) [2019] ZAGPJHC 152 (16 May 2019)

Van der Hoven v Nedbank Limited (A3168/2018) [2019] ZAGPJHC 152 (16 May 2019)

The court found that the Magistrate Court's order was interlocutory in nature, neither final nor definitive of the parties' rights, and did not dispose of any substantial relief. Therefore, it was not appealable. The appellant's repeated attempts to enroll the disposed application, improper taxation of costs, and dishonest conduct regarding his alleged hospital admission were found to be vexatious and inconsistent with the standards expected of an advocate. The court directed the Registrar to refer the judgment to the National Bar Council for consideration of the appellant's fitness to practise.

Citation
[2019] ZAGPJHC 152
Parties
Appellant: Emile Paul Van der Hoven; Respondent: Nedbank Limited
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
16 May 2019
Case Number
A3168/2018
Procedural Posture
Civil Appeal / Appeal From Magistrate Court Order Under Rule 60 a 2(c)
Outcome
Appeal dismissed with costs on attorney and client scale; referral to National Bar Council for consideration of professional fitness.
Judges
M Tsoka
Legal Topics
Appealability of Interlocutory Orders, Magistrates Court Rules, Costs Award, Professional Conduct
Civil Procedure Appealability of Interlocutory Orders Magistrates Court Rules Costs Award Professional Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Emile Paul Van der Hoven

Appellant

Nedbank Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Magistrate Court Order Under Rule 60 a 2(c)

Legal Issues

  1. 1 Whether the Magistrate Court's order under Rule 60A 2(c) is appealable.
  2. 2 Whether the order possesses the attributes of a 'judgment or order' as defined in Zweni v Minister of Law and Order.
  3. 3 Whether the appellant's conduct warrants referral to the National Bar Council.

Ratio Decidendi

The court found that the Magistrate Court's order was interlocutory in nature, neither final nor definitive of the parties' rights, and did not dispose of any substantial relief. Therefore, it was not appealable. The appellant's repeated attempts to enroll the disposed application, improper taxation of costs, and dishonest conduct regarding his alleged hospital admission were found to be vexatious and inconsistent with the standards expected of an advocate. The court directed the Registrar to refer the judgment to the National Bar Council for consideration of the appellant's fitness to practise.

Court Disposition

Appeal dismissed with costs on attorney and client scale; referral to National Bar Council for consideration of professional fitness.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the costs of the appeal on the scale as between attorney and client.