Claassens v Swart (67069/2015) [2017] ZAGPPHC 858 (23 October 2017)
- Citation
- [2017] ZAGPPHC 858
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- A J Bam
- Case number
- 67069/2015
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- A J Bam
- Case number
- 67069/2015
On this page
Professional case brief
Research organized from the available case record
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
ApplicantEngela Swart
RespondentAmounts and remedies
- Damages Awarded for Defamation: ZAR 2,000
- Original Claim Amount: ZAR 500,000
- Amended Claim Amount: ZAR 50,000
03
Procedural history
Posture
Leave to Appeal / Application for Leave to Appeal
04
Questions and positions
Legal issues
- 01
Whether the applicant has reasonable prospects of success on appeal regarding the damages award for defamation.
- 02
Whether the applicant has reasonable prospects of success on appeal regarding the costs order made under Rule 34(12).
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
Legal principles
- 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.
- 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.
North Gauteng High Court, Pretoria
Judgment
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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