South Africa Case Law

Nedbank Limited v Pheto (43927/2020)

Nedbank Limited v Pheto (43927/2020) [2023] ZAGPPHC 1162 (6 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

43927/2020

Judge

P A Van Niekerk

The court found that the respondent paid R150,000 towards the arrears following a section 129 notice, which included legal fees in the calculation. The applicant failed to provide due notice to the respondent regarding the nature and extent of legal costs prior to the payment. The legal costs were neither agreed nor taxed, and the respondent was not placed in a position to determine their reasonableness. Applying the Constitutional Court's decision in Nkata, the agreement was reinstated by operation of law when the respondent paid the arrears, even though legal costs were not paid. The applic…

Source excerpt

• National Credit Act
• Reinstatement Of Credit Agreement
• Section 129 Notice
• Default Judgment
• Legal Costs
• Consumer Protection

Maimane (64547), Ex parte

Maimane (64547), Ex parte [2016] ZAGPPHC 424 (3 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

64547/2013

Judge

S.L. Magardie

The court dismissed an ex parte bid to set aside a non-existent curator bonis appointment, awarded costs de bonis propriis, and referred possible attorney misconduct for investigation.

• Curatorship
• Trust Management
• Road Accident Fund
• Legal Costs
• Contingency Fees
• Trust-management

Seevnarayan v Garlicke and Bousfield Inc (15380/2010)

Seevnarayan v Garlicke and Bousfield Inc (15380/2010) [2015] ZAKZDHC 8; [2015] 2 All SA 503 (KZD) (17 February 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

15380/2010

Judge

Madondo

The High Court held that the attorneys did not cause prescription of the underlying claim, but were liable for negligently pursuing prescribed litigation and wasted costs.

• Professional Negligence
• Prescription Act
• Mandate Contract
• Attorney Client Duties
• Damages
• Legal Costs

S v Mtshabe (62/05)

S v Mtshabe (62/05) [2006] ZAECHC 80 (25 July 2006)

Court

High Courts - Eastern Cape

Case number

62/05

Judge

D Chetty

The High Court convicted an attorney of fraud for submitting inflated and duplicated fee statements to the State Attorney and misrepresenting that the work was properly done.

• Fraud
• Misrepresentation
• Overreaching
• Legal Costs
• Professional Misconduct
• Legal-costs