Claassens v Swart (67069/2015) [2017] ZAGPPHC 574 (1 September 2017)

Claassens v Swart (67069/2015) [2017] ZAGPPHC 574 (1 September 2017)

The court found that the defendant made a valid formal offer to settle on 29 September 2015 in terms of Rule 34(1), which exceeded the amount ultimately awarded to the plaintiff. The trial court was ignorant of this offer at the time of judgment. The plaintiff's argument that the offer was before the court via correspondence was rejected, as it was not a formal offer and the terms differed. The court held that the plaintiff should be ordered to pay the defendant's taxed costs incurred in defending the action from the date the offer was received to the date of judgment, on a party and party scale. The reserved fee for counsel for a possible second day of trial was not recoverable from the...

Citation
[2017] ZAGPPHC 574
Parties
Plaintiff: Jacobus Claassens; Defendant: Engela Swart
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
1 September 2017
Case Number
67069/2015
Procedural Posture
Civil Application / Application for Amendment of Costs Order Under Rule 34(12)
Outcome
Application for amendment of costs order granted in part; original costs order substituted.
Judges
BAM
Legal Topics
Costs Orders, Rule 34 Offers, Amendment of Judgment, Settlement Offers
Civil Procedure Costs Orders Rule 34 Offers Amendment of Judgment Settlement Offers

Case Brief

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Parties

Jacobus Claassens

Plaintiff

Engela Swart

Defendant

Procedural Posture

Civil Application / Application for Amendment of Costs Order Under Rule 34(12)

Legal Issues

  1. 1 Whether the defendant's formal settlement offers under Rule 34(1) justify amendment of the original costs order.
  2. 2 Whether the plaintiff should be liable for the defendant's reserved counsel fee for a possible second day of trial.
  3. 3 Whether the costs order should include costs incurred from the date of the formal offer.

Ratio Decidendi

The court found that the defendant made a valid formal offer to settle on 29 September 2015 in terms of Rule 34(1), which exceeded the amount ultimately awarded to the plaintiff. The trial court was ignorant of this offer at the time of judgment. The plaintiff's argument that the offer was before the court via correspondence was rejected, as it was not a formal offer and the terms differed. The court held that the plaintiff should be ordered to pay the defendant's taxed costs incurred in defending the action from the date the offer was received to the date of judgment, on a party and party scale. The reserved fee for counsel for a possible second day of trial was not recoverable from the...

Court Disposition

Application for amendment of costs order granted in part; original costs order substituted.

Orders

  • The plaintiff is ordered to pay the defendant's taxed costs incurred in defending the action from 29 September 2015 to the date of judgment, on a party and party scale.
  • The costs to include the defendant's taxed costs incurred by being represented by counsel in the High Court on 22 May 2017.