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[2018] ZALCJHB 92
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Mdluli v International Union for Conservation of Nature (JS457/2016) [2018] ZALCJHB 92 (6 March 2018)
THE
LABOUR COURT OF SOUTH AFRICA,
HELD
AT JOHANNESBURG
C
ase No: JS 457/2016
In
the matter between:
DITSE
EMILY MDLULI
Applicant
and
INTERNATIONAL
UNION FOR
CONSERVATION
OF NATURE
Respondent
Cost
order delivered
:
6 March 2018
Summary:
(Condonation – negligence of legal representatives –
applicant acted reasonably – appropriate
cost order)
COSTS
ORDER
LAGRANGE
J
Background
[1]
On 7 November 2017, the following order was made in this matter:
1. The applicant’s late referral
of her statement of claim is condoned.
2. Within 15 days of receipt of this
order, the appicant’s erstwhile attorneys of record, Hlahla
Inc. must show good cause
why they should not be ordered to pay costs
de bonis propris
to the respondent for its costs
incurred in opposing the condonation application on account of
failing to timeously refer the applicant’s
statement of claim.
[2]
Despite having ample opportunity to make representations, the
applicant’s former attorneys of record have made none. In
the
circumstances, they have failed to satisfy me that the late referral
of the applicant’s statement of claim was not attributable
to
their gross negligence and why they should not be held liable for the
costs of the opposed condonation application.
Order
[3]
Hlahla Incorporated must pay the costs
de bonis propris
to the
respondent for its costs incurred in opposing the applicant’s
condonation application for the late referral of her
statement of
claim.
_______________________
Lagrange
J
Judge
of the Labour Court of South Africa
(In
chambers)
APPEARANCES
APPLICANT:
G
van der Westhuizen
instructed
by MacRobert
Attorneys
RESPONDENT:
W
P Bekker instructed by
Gildenhuys
Malatji Inc.