South Africa: South Gauteng High Court, Johannesburg

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[2021] ZAGPJHC 117
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Universal Pulse Trading 18 (Pty) Ltd v Aveng (Africa) Pty) Ltd and Another (2021-54340) [2021] ZAGPJHC 117 (21 November 2021)
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REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case Number: 2021-54340
(1) REPORTABLE: No
(2) OF INTEREST TO OTHER JUDGES: No
(3) REVISED
Judgment delivered in open court on 21 November 2021.
wRIGHT J, sIGNED ON 10 APRIL 2024
DATE SIGNATURE
Signed on 10 April 2024
In the matter between:
UNIVERSAL PULSE TRADING 18 (PTY) LTD Applicant
and
AVENG (AFRICA) PTY LTD 1ST Respondent
GALETTI AUCTION 2ND Respondent
JUDGMENT
WRIGHT J
The applicant company seeks urgently to interdict the auction of a property that is the subject of a dispute between the applicant and the first respondent. The auctioneer is the second respondent.
The applicant’s attorney threatened an urgent application on 9 November 2020, over a year ago. The present application, brought on short notice, over a year later, is based on self – created urgency to an alarming degree. This attracts a special costs order.
ORDER
1. Struck off.
2. The applicant is to pay the costs of the first respondent on the scale as between attorney and client, including those of counsel where so employed.
WRIGHT J
JUDGE OF THE HIGH COURT
GAUTENG DIVISION, JOHANNESBURG
Heard on: 21 November 2021
Delivered on: 21 November 2021
Appearances:
Applicant |
Pillay Thesigan Inc |
|
011 226 9858 |
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1st Respondent: |
Dingiswayo Du Plessis Van Der Merwe Inc. |
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010 035 5027 |
|
fani@ddvm.co.za |