South Africa Case Law

Engaged Business Turnaround (Pty) Ltd and Another v CP Crane Hire (Pty) Ltd and Others (046219/2023)

Engaged Business Turnaround (Pty) Ltd and Another v CP Crane Hire (Pty) Ltd and Others (046219/2023) [2024] ZAGPJHC 817 (22 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

046219/2023

Judge

Makume

The court held that Rule 35(12) entitles a party to production of documents referenced in pleadings or affidavits, regardless of whether pleadings are closed or an answering affidavit has been filed. The applicants' objections regarding lateness, specificity, and relevance are unfounded, as Rule 35(12) does not require detailed reference or relevance as a limitation. The respondents raised a bona fide dispute regarding the reasonableness of the legal fees, and the documents sought are relevant to resolving this dispute. The remuneration agreement does not override the respondents' right to di…

Source excerpt

• Discovery Under Uniform Rules
• Business Rescue
• Attorney Fee Dispute
• Remuneration Agreement
• Costs Taxation

Fisher obo TS.M and Another v Road Accident Fund (2010 /34001)

Fisher obo TS.M and Another v Road Accident Fund (2010 /34001) [2023] ZAGPJHC 160 (14 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2010 /34001

Judge

L Flatela

The High Court rescinded curator ad litem appointments after finding the curator’s prior involvement and the attorneys’ handling of damages created serious independence and fee-accounting concerns.

• Curator Ad Litem Appointment
• Rescission Of Order
• Road Accident Fund Claim
• Attorney Fee Dispute
• Special Power Of Attorney
• Mental Incapacity