Eden Import and Export CC v Piper (1745 of 2016) [2017] NAHCMD 486 (12 October 2017)

Eden Import and Export CC v Piper (1745 of 2016) [2017] NAHCMD 486 (12 October 2017)

Respondent's persistent non-compliance with adverse costs orders, dilatory and vexatious conduct, and abuse of court process justify compelling payment of all adverse costs orders (with interest) before further litigation and barring institution of proceedings until payment. The court exercised its discretion to allow costs above the Rule 32(11) limitation due to the complexity, volume, and respondent's conduct, but limited the scale to party and party rather than attorney and own client.

Citation
[2017] NAHCMD 486
Parties
Applicant: Eden Import and Export CC; Respondent: Adam Douglas Piper
Court
High Court Main Division
Jurisdiction
Namibia
Judgment Date
12 October 2017
Case Number
1745 of 2016
Procedural Posture
Interlocutory Applications (security for Costs, Enforcement of Adverse Costs Orders, Barring Orders) / Judgment on Interlocutory Applications
Outcome
Application granted as per prayers 6, 7, and 8 (with modification on costs scale).
Legal Topics
Security for Costs, Enforcement of Costs Orders, Barring Orders, Discretion on Costs, Rule 32(11) Limitation, Vexatious Litigation
Source Language
English
Civil Procedure Costs Security for Costs Enforcement of Costs Orders Barring Orders Discretion on Costs Rule 32(11) Limitation Vexatious Litigation

Case Brief

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Parties

Eden Import and Export CC

Applicant

Adam Douglas Piper

Respondent

Procedural Posture

Interlocutory Applications (security for Costs, Enforcement of Adverse Costs Orders, Barring Orders) / Judgment on Interlocutory Applications

Legal Issues

  1. 1 Whether respondent should be compelled to pay all adverse costs orders and interest before instituting further litigation against applicant
  2. 2 Whether respondent should be barred from instituting proceedings until such costs are paid
  3. 3 Whether costs should be awarded above the Rule 32(11) limitation and on what scale

Ratio Decidendi

Respondent's persistent non-compliance with adverse costs orders, dilatory and vexatious conduct, and abuse of court process justify compelling payment of all adverse costs orders (with interest) before further litigation and barring institution of proceedings until payment. The court exercised its discretion to allow costs above the Rule 32(11) limitation due to the complexity, volume, and respondent's conduct, but limited the scale to party and party rather than attorney and own client.

Court Disposition

Application granted as per prayers 6, 7, and 8 (with modification on costs scale).

Orders

  • Respondent shall pay all adverse costs orders obtained by applicant under case number I 3896/2012, including interest, prior to proceeding with any litigation against applicant in relation to the judgment dated 8 February 2013 under I 3896/2012.
  • Respondent is barred from instituting any proceedings against applicant in relation to the judgment dated 8 February 2013 under I 3896/2012 unless and until all adverse costs orders (with interest) are fully paid.