EB Steam Utility Company Perserverance (Pty) Ltd and Others v Nelson Mandela Bay Municipality and Another (788/08) [2008] ZAECHC 124 (24 April 2008)

EB Steam Utility Company Perserverance (Pty) Ltd and Others v Nelson Mandela Bay Municipality and Another (788/08) [2008] ZAECHC 124 (24 April 2008)

The court found that the applicants were responsible for the lack of effective action on 24 April 2008 due to their late filing of replying affidavits, introduction of new grounds based on the Constitution and the Promotion of Administrative Justice Act, and the resulting procedural skirmishes. The applicants' conduct necessitated adjournments and wasted court time. The court held that it was in the best position to decide the costs of the hearing and that the circumstances demanded an immediate order. There was no dispute regarding the appropriateness of including the costs of two counsel, and the court found such an order appropriate. Accordingly, the applicants were ordered to pay the...

Citation
[2008] ZAECHC 124
Parties
Applicant: EB Steam Utility Company Perserverance (Pty) Ltd and Others; Respondent: Nelson Mandela Bay Municipality; Respondent: Eskom Holdings Limited
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
24 April 2008
Case Number
788/08
Procedural Posture
Urgent Application / Costs Order Following Interlocutory Skirmishes and Adjournments
Outcome
Applicants ordered to pay the costs of the hearing on 24 April 2008, including the costs of two counsel.
Judges
Liebenberg
Legal Topics
Costs Order, Interim Relief, Mandamus, Promotion of Administrative Justice Act
Civil Procedure Administrative Law Costs Order Interim Relief Mandamus Promotion of Administrative Justice Act

Case Brief

Summary, issues, holding and outcome

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Parties

EB Steam Utility Company Perserverance (Pty) Ltd and Others

Applicant

Nelson Mandela Bay Municipality

Respondent

Eskom Holdings Limited

Respondent

Procedural Posture

Urgent Application / Costs Order Following Interlocutory Skirmishes and Adjournments

Legal Issues

  1. 1 Whether the applicants should bear the costs of the hearing on 24 April 2008.
  2. 2 Whether the costs order should include the costs of two counsel.
  3. 3 Whether the applicants' late filing and introduction of new grounds justified an immediate costs order.

Ratio Decidendi

The court found that the applicants were responsible for the lack of effective action on 24 April 2008 due to their late filing of replying affidavits, introduction of new grounds based on the Constitution and the Promotion of Administrative Justice Act, and the resulting procedural skirmishes. The applicants' conduct necessitated adjournments and wasted court time. The court held that it was in the best position to decide the costs of the hearing and that the circumstances demanded an immediate order. There was no dispute regarding the appropriateness of including the costs of two counsel, and the court found such an order appropriate. Accordingly, the applicants were ordered to pay the...

Court Disposition

Applicants ordered to pay the costs of the hearing on 24 April 2008, including the costs of two counsel.

Orders

  • Applicants must pay the costs of the hearing on 24 April 2008.
  • Such costs to include the costs of two counsel.