Changing Tides 17 (Pty) Ltd N.O. v Coetzee and Others (66108/2013) [2017] ZAGPPHC 802 (17 November 2017)

Changing Tides 17 (Pty) Ltd N.O. v Coetzee and Others (66108/2013) [2017] ZAGPPHC 802 (17 November 2017)

The applicant failed to withdraw the application after the law was settled by the Supreme Court of Appeal and Constitutional Court, resulting in unnecessary litigation and costs. The respondents were victims of fraud and entitled to restitution of ownership. The written agreements and mortgage bond were declared null and void. The applicant is liable for the costs of the application, as the general rule is that costs follow the event and no exceptional circumstances were shown to depart from this rule.

Citation
[2017] ZAGPPHC 802
Parties
Applicant: Changing Tides 17 (Pty) Ltd N.O.; Respondent: Christo Brian Coetzee; Respondent: Jacobus Johannes Odendaal; Respondent: Karen Odendaal; Respondent: Registrar of Deeds, Johannesburg; Respondent: Cloete Cornelia Maria N.O.; Respondent: Kaplan Harry N.O.; Respondent: De Oliviera Anna Paula N.O.; Respondent: Poopedi Sophie Mmapula N.O.; Respondent: South African Home Loans Pty Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2017
Case Number
66108/2013
Procedural Posture
Civil Application / Costs Determination After Draft Order Agreed
Outcome
Application granted; draft order made an order of court; applicant ordered to pay costs.
Judges
C Pretorius
Legal Topics
Mortgage Bond Cancellation, Restitution of Ownership, Joinder of Parties, Costs Award, Deeds Registries Act, Fraudulent Schemes
Land and Property Civil Procedure Mortgage Bond Cancellation Restitution of Ownership Joinder of Parties Costs Award Deeds Registries Act Fraudulent Schemes

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Parties

Changing Tides 17 (Pty) Ltd N.O.

Applicant

Christo Brian Coetzee

Respondent

Jacobus Johannes Odendaal

Respondent

Karen Odendaal

Respondent

Registrar of Deeds, Johannesburg

Respondent

Cloete Cornelia Maria N.O.

Respondent

Kaplan Harry N.O.

Respondent

De Oliviera Anna Paula N.O.

Respondent

Poopedi Sophie Mmapula N.O.

Respondent

South African Home Loans Pty Limited

Respondent

Procedural Posture

Civil Application / Costs Determination After Draft Order Agreed

Legal Issues

  1. 1 Whether the applicant should be liable for the costs of the application.
  2. 2 Whether the written agreements and mortgage bond are valid and enforceable.
  3. 3 Whether the second and third respondents are entitled to restitution of ownership of the property.

Ratio Decidendi

The applicant failed to withdraw the application after the law was settled by the Supreme Court of Appeal and Constitutional Court, resulting in unnecessary litigation and costs. The respondents were victims of fraud and entitled to restitution of ownership. The written agreements and mortgage bond were declared null and void. The applicant is liable for the costs of the application, as the general rule is that costs follow the event and no exceptional circumstances were shown to depart from this rule.

Court Disposition

Application granted; draft order made an order of court; applicant ordered to pay costs.

Orders

  • Fourth to Ninth Respondents are joined in the proceedings.
  • Written agreements between the First, Second and Third Respondents and Brusson (Pty) Ltd are declared null and void.