South Africa Judgment

North Gauteng High Court, Pretoria

Claassens v Swart (67069/2015) [2017] ZAGPPHC 858 (23 October 2017)

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Source document

01

Holding and result

The court found, after reconsidering its previous judgments and the submissions made by counsel, that there are no reasonable prospects of success on appeal regarding either the damages awarded for defamation or the costs order made under Rule 34(12). The application for leave to appeal was therefore dismissed with costs.

Court disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.

02

Material facts

Parties

Jacobus Claassens

Applicant

Engela Swart

Respondent

Amounts and remedies

  • Damages Awarded for Defamation: ZAR 2,000
  • Original Claim Amount: ZAR 500,000
  • Amended Claim Amount: ZAR 50,000

03

Procedural history

  1. Posture

    Leave to Appeal / Application for Leave to Appeal

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant contends that the damages awarded for defamation were insufficient and that the costs order under Rule 34(12) was incorrect. He seeks leave to appeal both the quantum of damages and the costs order, arguing that the court erred in its assessment and application of the relevant legal principles.
Respondent
The respondent maintains that the damages awarded were appropriate given the circumstances and that the costs order under Rule 34(12) was correctly granted, as the amount awarded was less than the amount tendered before trial. The respondent argues that there are no reasonable prospects of success on appeal.

05

Court’s reasoning

  1. 01

    Section 17(1) of the Superior Courts Act 10 of 2013

    Leave to appeal should only be granted where there are reasonable prospects that another court may come to a different conclusion.

  2. 02

    Uniform Rule 34(12)

    Where the damages awarded are less than the amount tendered before trial, the defendant may apply for reconsideration of costs under Rule 34(12).

06

Ratio, limits and disposition

Ratio decidendi

The court found, after reconsidering its previous judgments and the submissions made by counsel, that there are no reasonable prospects of success on appeal regarding either the damages awarded for defamation or the costs order made under Rule 34(12). The application for leave to appeal was therefore dismissed with costs.

Obiter and limits

  • The court noted that the defamation claim was exaggerated and amounted to a storm in a teacup, justifying the modest damages awarded.
  • The court emphasized the importance of Rule 34(12) in ensuring fairness in costs awards when the damages awarded are less than the amount tendered before trial.

Court disposition

Application for leave to appeal dismissed with costs.

  • The application for leave to appeal is dismissed with costs.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment reading view

Judgment text

The complete available source text.

Source document

North Gauteng High Court, Pretoria

Judgment

[2017] ZAGPPHC 858

IN

THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case Number: 67069/2015

In the matter of:

JACOBUS CLAASSENS Plaintiff/Applicant

vs

ENGELA SWART Defendant/Respondent

JUDGMENT:

APPLICATION FOR LEAVE TO APPEAL

BAM, J

1. The plaintiff/applicant issued summons against the defendant/respondent claiming damages of R500 000, 00 for defamation. During the trial the amount claimed was amended and decreased to R50 000,00. Eventually I found that the defamation was nothing but a storm in a teacup and awarded the plaintiff damages in the amount of R2000, 00. In respect of costs I made an order that applicant/plaintiff should pay part of defendant/respondent's costs.

2. As a result of the amount of damages awarded to the plaintiff/applicant being lower than the amount tendered before the trial, the defendant/respondent then applied for an order in terms of the provisions of Rule 34(12) for a reconsideration of the costs and an order that the plaintiff/applicant should pay all the costs incurred by the defendant/respondent. The application was successful.

3. The applicant/plaintiff now applies for leave to appeal to the full bench of this division against the order concerning the award of R2000, 00, as well as the order in respect of the Rule 34(12) application.

4. After having reconsidered my judgments in respect of both issues, (I do not deem it expedient to repeat the contents thereof), and the submissions made by counsel, I am of the view that no reasonable prospects of success on appeal exists.

Order:

The application for leave to appeal is dismissed with costs.

_____

A

J BAM

JUDGE

OF THE HIGH COURT

23 October 2017

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Superior Courts Act 10 of 2013

Legislation

Legislation referenced in the available case record.

Uniform Rule 34(12)

Legislation

Legislation referenced in the available case record.

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