Carla von bergmann. Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017) 2019-11-28

Carla Von Bergmann, 66 Location: Hamburg, Germany Began modelling at: Modelled in her 20s for a few years before stopping when she had children. Started again when she was 53 Previous job: Raising her family Biggest modelling jobs so far: Adverts for beauty brand Vichy & watch brand Patek Philippe She says: ‘I am certainly surprised by my relative success. Actually, the surprise continues with every job!’

carla von bergmann

This is clearly what is envisaged by Rule 57 2 a. She, in turn, took umbrage at their interference in her relationship with the patient. Finally, the first appellant asked that the respondents pay the costs of the application de bonis propriis on the scale as between attorney and client. Nevertheless, Ms Venter, counsel for the second respondent, persisted in argument before this court that from the outset the appellant lacked the necessary standing for the relief sought against her client, and in any event, that the appellant had no locus standi to prosecute the appeal. In the result the curator ad litem took longer than the parties originally anticipated and her report was only filed on 30 July 2014.

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Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017)

carla von bergmann

In the result, the appeal must fail. He also arranged for the second respondent, Ann-Mari and Ms. The onus of establishing locus standi in application proceedings therefore rests on the applicant…. The court needs to know the issues arising out of the judgment of the court a quo that it is called upon to determine and the respondent needs to be informed of what it has to address in argument. The Supreme Court of Appeal also set aside the costs order in the application for leave to appeal before Schippers J and directed that those costs, as well as the costs in the application before it, be costs in this appeal.

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Carla Von Bergman

carla von bergmann

The notice of motion made provision for Part A and Part B relief and in light of the issues on appeal, it is necessary to set out that relief in some detail. Dippenaar introduced the first respondent to the patient and at their first meeting during July 2013 attended also by the second respondent it became apparent that the first and second respondents knew each other from university days, although they had not had any contact in the intervening period. Early in November 2013 the first respondent informed the appellant that the patient had revoked the general power of attorney in his favour and wished to entrust her brother Piet with the management of her estate. He went on to say that he had consulted senior colleagues and staff at the Cape Law Society at the time, all of whom assured him that he was entitled to continue with the drafting of wills and setting up of trusts and the like on behalf of his clients. In the result, the costs order against the estate made in favour of the first respondent was no longer an issue and he asked for the appeal against him to be dismissed with costs. It was claimed that the first respondent had wrongfully debited fees to the estate of the patient for doing the work of an attorney in drawing up mandates and powers of attorney. Both the first and second respondents have been substantially successful in the appeal advanced by the appellant and they are therefore each entitled to their costs on appeal.

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Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017)

carla von bergmann

I did not understand Mr. Be that as it may, Carla seems to have moved to Germany to advance her career as a mature fashion model and while there was diagnosed with cancer and incurred substantial medical expenses. The court a quo refused certain of the ancillary relief sought and made costs orders against the estate of the patient. It is to define the ambit of the appeal for the benefit of the appellate court and the respondent. · Thirdly, did the appellant have the requisite locus standi before this court? Rather, they were confronted, on short notice, with an application comprising some 100 pages which included prayers that all 3 erstwhile respondents should personally pay the costs of the application on the punitive scale.

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Carla Von Bergman

carla von bergmann

I am advised that the requirements for a final interdict are the existence of a clear right, an injury actually committed or reasonably apprehended, and the absence of an alternative remedy. Kotze and the replacement thereof with a power in his favour. Calmeyer, as the curator bonis. Nevertheless, what it seeks to assert is that the respondents should indeed have been ordered to repay the capital sums and, in the case of the second respondent, that she should have been directed to return the National Geographic magazines. The patient was regularly called upon to provide financial support to Carla to enable her to pay her rent and receive medical treatment overseas. Rather, as I have indicated, he adopted a non possumus attitude and stood by while his client, the appellant, persisted with his claims for punitive costs against the respondents and sought to attack the short-comings in the order of Schippers J in relation thereto. This document, which runs to 16 pages, contains extensive narrative and argument rather than just stating the grounds of appeal as required by Rules 49 1 b and 4.

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Carla Von Bergman

carla von bergmann

It is accordingly incumbent upon an applicant not only to allege that he has locus standi but also to make the necessary factual allegations in support thereof. It matters not whether it is a curator ad litem or bonis who is to be appointed to the individual concerned. Clearly then, no party asked for the estate of the patient to carry any costs, whether in respect of costs incurred on behalf of the patient herself or the costs incurred by the respondents in resisting the claims brought against them by the appellant. Barnard on his behalf in relation to the orders for repayment of the capital sums, return of the movables and costs which were not made by Schippers J cannot succeed. Fanie Botha, to be a suitable person to fulfill that role, having dealt with him personally in regard to his own financial planning, and in relation to the winding up of the estate of his late father-in-law, Johan Holscher. The obligations that caused Holscher to file papers in this matter arose from the provisions of a court order to which she had agreed to be bound. Prior and up to 6 July 2013 Calmeyer was managing the financial affairs of Ms Huiskamp in an impeccable manner.

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Thiessen and Another v Botha and Another (A243/2016) [2017] ZAWCHC 59 (26 May 2017)

carla von bergmann

And while he did so on the basis that the patient was being manipulated by those close to her, the appellant had no hesitation in taking a power of attorney from an elderly woman whose memory, to his knowledge, was failing her. He was deeply interested in the etiology and pathogenesis of diseases associated with battle-related wounds. At some stage a financial consultant from Stellenbosch known as Ms. Similarly, it was open to suggestion by the curator bonis that the respondents should have been ordered to bear the costs incurred by the appellant occasioned by their opposition of the application. Any unauthorized or uncredited use of this material will result in possible prosecution.

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Carla Von Bergman

carla von bergmann

Christoph, it seems, is well disposed to his daughter Alexia and the first appellant. Bergmann pioneered the hydrocolectomy hydrocele operation , contributed to improved appendectomy precedures, and performed the first successful esophageal diverticulum operation. Pitman be appointed as the sole curator bonis to the patient on the customary terms. Importantly, those close to the patient were not advised of the reports of Dr Van den Berg or Prof Zabow and asked to co-operate in the appointment of a suitable curator. Biography Born in Riga, Livonia Governorate now Latvia , in 1860 he earned his doctorate at the University of Dorpat. Justice Weinkove came into existence. The amounts involved were R 3500 and R5750 respectively.

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Ernst von Bergmann: German surgeon (1836

carla von bergmann

However, in light of the remaining issues of locus standi referred to above, and in particular because of the punitive costs orders persistently sought by the appellant, it is necessary to consider the legal position in relation to the his standing before the court a quo and in this court. The intervention of the three respondents accordingly necessitated both of the urgent relief sought in this application, and the relief seeking the appointment of a curator bonis for Ms Huijskamp, who in the curator , in the final analysis, is likely to be Calmeyer. I am advised that it appears from the founding papers that the Applicant lacks the necessary locus standi to bring the application for the interdictory relief sought against me, and that no proper case has been made out for the very broad and drastic further relief sought. The estate of the patient which is under the curatorship of the second appellant is a sizeable one, consisting of assets held both locally and abroad. The award of costs against the estate of Ms Huijskamp penalised her estate for having sought the right to be protected against the actions of parties such as the first and second respondent, by a curator. All 3rd party copyrights and trademarks are the property of their respective owners. He received his certification in 1864.

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Carla Von Bergmann, 66 Location: Hamburg, Germany Began modelling at: Modelled in her 20s for a few years before stopping when she had children. Started again when she was 53 Previous job: Raising her family Biggest modelling jobs so far: Adverts for beauty brand Vichy & watch brand Patek Philippe She says: ‘I am certainly surprised by my relative success. Actually, the surprise continues with every job!’

carla von bergmann

When the appellant made enquiries of the patient in this regard, he was once again alerted to her state of confusion and memory loss. The matter will accordingly be referred to the Cape Bar Council for consideration of appropriate steps, if any, against Mr. The appellant asked for an order that the respondents jointly bear the entire costs of the application including the costs relating to the appointment of the curators ad litem and bonis on the punitive scale; 57. The Ernst von Bergmann Clinic in Potsdam, the Ernst-von-Bergmann-Kaserne in Munich, and the Ernst von Bergmann Plaque of the German Medical Association, are named in his honor. For example, the appellant said that he understood that the second respondent worked for the first respondent and that they were, in addition, close friends.

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