IN THE HIGH COURT OF SOUTH AFRICA

(WESTERN CAPE HIGH COURT, CAPE TOWN)

In the matter between:

and

JUDGMENT

In this regard it was pointed out by him that he had not had an opportunity to study and analyse the pleadings and evidence presented thus far in this matter. He indicated that the record of the proceedings relating to this matter was only brought to him by the second defendant on 22 September 2010.
Secondly, it was pointed our by Mr Lamprecht that should the postponement be granted, it may become necessary for the defendants to apply to this Court for leave to reopen their case, and adduce further evidence.

It is surprising to learn today that the defendants have now briefed a different counsel and not counsel whose unavailability was in the past used as a reason for a postponement. In my view this application is not bona fide. It is used simply as a tactical manoeuvre for the purpose of obtaining an advantage to which the defendants are not legitimately entitled. In reaching the decision in this matter, I have taken account of the fact that it is important that the proceedings should reach finality and that the matter should not be decided on piecemeal basis.
This matter has been postponed on a number of occasions in the past and it is important that it should now reach finality.

I now proceed to read the order which I prepared on the assumption that the matter was before me on default.

Reasons will be furnished in due course, if requested. Having heard the evidence and having considered the arguments advanced by the plaintiff, judgment is granted in favour of the plaintiff against the first and second defendants jointly and severally, the one paying the other to be absolved in the following terms:
1. Payment in the sum of R1.7 million;

4. Payment in the sum of R551 947,12;

6. Costs of suit on the party and party scale;
7. The qualifying expenses of the  expert witness,  Mr Gibbons;
8. In regard to the defendants' counterclaims:

8.1	The counterclaim introduced during February 2009 is dismissed with costs, on the party and party scale;
8.2	The costs of the defendants' initial counterclaim, which was withdrawn by the defendant, are awarded to the plaintiff on a party and party scale. Such costs to include the qualifying expenses of the expert witness, Mr Bertrand.

ZONDI, J