Universal Pulse Trading 18 (Pty) Ltd v Aveng Africa (Pty) Ltd and Another (2021-54340) [2021] ZAGPJHC 854 (21 November 2021)


REPUBLIC OF SOUTH AFRICA



IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, JOHANNESBURG



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(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

Case Number: 2021-54340









In the matter between:











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



1. 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.

2. 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

coj@pillayinc.com



1st Respondent Dingiswayo Du Plessis Van Der Merwe Inc.

010 035 5027

fani@ddvm.co.za










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