Van Der Spuy and Another v Maritz N.O and Others (2023-081159) [2023] ZAGPPHC 1174 (7 September 2023)

30 Reportability
Civil Procedure

Brief Summary

Urgency — Striking off application — Applicants sought urgent relief but application struck off due to lack of urgency — Court held that the matter did not meet the criteria for urgent consideration — Costs awarded against the applicants, including those of Senior Counsel.

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[2023] ZAGPPHC 1174
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Van Der Spuy and Another v Maritz N.O and Others (2023-081159) [2023] ZAGPPHC 1174 (7 September 2023)

REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, PRETORIA
Case
no: 2023-081159
1.
REPORTABLE:
NO
/YES
2.
OF INTEREST
TO OTHER JUDGES:
NO
/YES
3.
REVISED.
SIGNATURE:
DATE:
07 September 2023
In
the matter between:
D
E J VAN DER SPUY
First Applicant
S
M L VAN DER SPUY
Second Applicant
And
M
J MARITZ N.O.
First Respondent
M
KRUGER N.O.
Second
Respondent
THE
MASTER OF THE HIGH COURT, PRETORIA
Third Respondent
JUDGEMENT
THIS
JUDGEMENT HAS BEEN HANDED DOWN REMOTELY AND SHALL BE CIRCULATED TO
THE PARTIES BY WAY OF E- MAIL / UPLOADING ON CASELINES.
ITS DATE OF
HAND DOWN SHALL BE DEEMED TO BE .: 7 SEPTEMBER 2023
PRETORIUS
J:
Having
read the papers and listened to the arguments by Counsel the
following order is made:
1.
The
application is struck of the Roll due to lack of urgency.
2.
The costs
to be paid by the applicants, including the costs of Senior Counsel.
C
PRETORIUS
Judge
of the High Court
CASE
NUMBER:
2023
/ 081159
HEARD
ON:
05
SEPTEMBER 2023
FOR
THE APPLICANT:
ADV
JO WILIAMS SC
FOR
THE RESPONDENT:
ADV
JP VOSTER SC
DATE
OF JUDGEMENT:
07
SEPTEMBER 2023