South Africa Case Law

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025)

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025) [2025] ZAGPJHC 356 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

038394/2025

Judge

PJ Du Plessis

The court found that the urgent application was an abuse of process, as the applicant's attorney had received a written undertaking from the respondents that the funds would be paid, eliminating any genuine urgency. The attorney persisted with the application despite this assurance and attempted to manufacture urgency based on the applicant's personal circumstances, which had alternative avenues of redress. The conduct of the attorney materially deviated from professional standards, warranting a punitive costs order de bonis propriis on an attorney and client scale in favour of the first and…

Source excerpt

• Costs De Bonis Propriis
• Abuse Of Urgent Court
• Attorney And Client Costs
• Misconduct By Legal Practitioner

Oosthuizen and Another v Olivier and Others (007585/2024)

Oosthuizen and Another v Olivier and Others (007585/2024) [2024] ZAGPJHC 199 (29 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

007585/2024

Judge

N. Manoim

The High Court struck an urgent application off the roll, finding the applicants delayed and sought overly broad interim relief in a business dispute.

• Urgency In Interdicts
• Abuse Of Urgent Court
• Interim Interdict
• Corporate Dispute
• Removal Of Director
• Urgency-in-interdicts