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South Africa decisions
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Harker and Another v MGM Family Trust (Number: TM50521/1) and Others (2994/2022) [2023] ZAECQBHC 49 (5 September 2023)
The High Court held that an executor-attorney’s conduct in pursuing unmeritorious litigation justified a personal costs order de bonis propriis.
M.DV v C.DV (521/2022) [2023] ZALMPPHC 28 (5 June 2023)
The court dismissed an application to bar a law firm from acting in a divorce matter, finding no proven injury or reasonable apprehension of harm.
Du Toit and Others v Du Toit-Smuts & Partners and Another (4748/2021) [2023] ZAMPMBHC 22 (12 April 2023)
The court found that the applicants’ claim for the return of the R25,000.00 reservation deposit had prescribed under the Prescription Act, as more than three years had elapsed since the debt became due, either from the date of demand or the conclusion of the contract. The deposit was paid into the trust account of the First Respondent as agent for the Second Respondent, and the correct party to sue was the Second Respondent, not the attorney. The applicants did not have a real right to the funds in the trust account, only a personal claim as trust creditors. The First Respondent was ethically…
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Mokgaha and Others v Road Accident Fund (7188/2017,229/2019,2315/2019,2307/2019) [2022] ZALMPPHC 41 (25 July 2022)
The High Court removed four Road Accident Fund matters from the roll after Dr Malaka denied authorship of expert affidavits and reports filed for the plaintiffs.
Department of Environmental Affairs, Forestry and Fisheries v B Xulu & Partners Incorporated and Others (6189/2019) [2021] ZAWCHC 83; [2021] 3 All SA 166 (WCC) (4 May 2021)
The High Court found B Xulu & Partners and Barnabas Xulu in contempt of multiple prior orders, imposed a fine, suspended imprisonment, and litigation restrictions.
Millicent Molose obo Avile Molose v Member of the Executive Council for Health:Eastern Cape Province (1182/2017) [2019] ZAECMHC 16 (12 March 2019)
The High Court postponed a quantum hearing sine die after a dispute over notice and fraud allegations, and ordered the defendant to pay costs on an attorney-and-client scale.
Kramer v Westraad and Others; In re: Kramer v Ursispace (Pty) Ltd (5602/2016) [2017] ZAFSHC 220 (19 October 2017)
The court joined the First Respondent to a liquidation matter for costs purposes, discharged the provisional liquidation order, and apportioned costs between the Applicant and First Respondent.
Poto obo P v Kotsokwane Attorneys and Another (58147/2015) [2017] ZAGPPHC 143 (4 May 2017)
The High Court set aside a taxed allocator after finding the first respondent failed to disclose an earlier ruling and imposed attorney-and-client costs.
Law Society of the Northen Provinces Others (Road Accident Fund (Intervening)) v Ronald Bobroff and Partners Inc. and Others (61790/12) [2015] ZAGPPHC 1118 (26 August 2015)
The High Court dismissed a rule 30 challenge to a counter-application, holding it was not an irregular step and that broader ancillary relief was permissible.
Motswai v Road Accident Fund (2010/17220) [2012] ZAGPJHC 248; 2013 (3) SA 8 (GSJ) (7 December 2012)
High Court criticism of a Road Accident Fund claim pursued without evidence of serious injury, with the court highlighting untrue pleadings, unnecessary experts, and wasted costs.
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