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Battles Won But The War Continues In A True Case Of David Vs Goliath

Battles Won But The War Continues In A True Case Of David Vs Goliath
Jun 2, 2014 gnuworld

In the ongoing matter of Loubser vs De Beers Marine Namibia (“De Beers”), DSC was appointed to assist the Plaintiff, a South African citizen, with pursuing his action for damages against De Beers Marine Namibia as a result of injuries sustained whilst he was in De Beers’ employ in Namibia.

It soon became clear that the Defendant would employ its’ full financial might to resist the Plaintiff’s claim. What followed was a succession of interlocutory applications brought by the Defendant, which had to be disposed of before the heart of the matter could be dealt with. The hearing to determine the Defendant’s liability – scheduled to commence in October 2013 – had to be postponed when the Defendant brought an urgent application on the first day of the hearing challenging the Plaintiff’s (South African) legal team’s locus standi, claiming that they had no right of audience. The application was successfully opposed, however, it resulted in the inevitable postponement of the matter to another date for the purposes of determining the Defendant’s liability.

Although the Defendant, perhaps unsurprisingly, initially indicated that the judgment relating to this last-mentioned application would be appealed this was not pursued timeously and therefore lapsed. The most recent interlocutory application had to be argued during April 2014 and the Plaintiff was yet again successful. The Plaintiff’s legal representatives have now formally been granted right of appearance and the hearing to determine the Defendant’s liability was set to be heard on 24 November 2014. In the interim however the Defendant has noted an 11th hour appeal against the last-mentioned judgment which will inevitably further delay the matter.

The four interlocutory judgments written to date have all been marked “reportable” and have thus set new precedent for future similar matters.

 judgement judgement

Media Coverage

1. On Republikein

Republikein media coverage


2. The Namibian

The Namibian news article


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