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South Africa Judgment

North Gauteng High Court, Pretoria

Ekurhuleni Metropolitan Municipality v VIP Consulting Engineers (Pty) Ltd (70201/2013) [2015] ZAGPPHC 776 (23 October 2015)

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Professional case brief

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Source document

01

Holding and result

The court found that it had incorrectly referred to the parties in its original judgment, which led to the taxing master refusing to tax the bill of costs for the successful party. Upon review of its records and notification by the respondent's attorneys, the court amended the judgment to correctly designate Ekurhuleni Metropolitan Municipality as the Excipient and VIP Consulting Engineers (Pty) Ltd as the Respondent. The substantive outcome of the original judgment remains unchanged except for this correction.

Court disposition

Judgment amended to correct the designation of parties; original judgment otherwise unchanged.

Orders

  • The judgment of 20 May 2015 is amended to refer to Ekurhuleni Metropolitan Municipality as the Excipient and VIP Consulting Engineers (Pty) Ltd as the Respondent.
  • Save for the aforesaid amendment, the original judgment remains unchanged.

02

Material facts

Parties

Ekurhuleni Metropolitan Municipality

Applicant Counsel: A. W. Pullinger

VIP Consulting Engineers (Pty) Ltd

Respondent Counsel: J. A. Venter

03

Procedural history

  1. Posture

    Civil Procedure / Exception to Claim; Post Judgment Correction

04

Questions and positions

Legal issues

Party arguments

Applicant
The applicant, Ekurhuleni Metropolitan Municipality, did not dispute the need for correction but was the party against whom the exception was argued. The original judgment incorrectly referred to the parties, which affected the taxation of costs.
Respondent
The respondent, VIP Consulting Engineers (Pty) Ltd, through its attorneys, notified the court that the parties were incorrectly referred to in the original judgment, resulting in the taxing master refusing to tax the bill of costs for the successful party. The respondent requested the court to amend the judgment to reflect the correct party designations.

05

Court’s reasoning

  1. 01

    Common law principle of rectification; no specific statute cited.

    A court may amend its judgment to correct errors in the designation of parties where such errors affect the execution or taxation of costs.

06

Ratio, limits and disposition

Ratio decidendi

The court found that it had incorrectly referred to the parties in its original judgment, which led to the taxing master refusing to tax the bill of costs for the successful party. Upon review of its records and notification by the respondent's attorneys, the court amended the judgment to correctly designate Ekurhuleni Metropolitan Municipality as the Excipient and VIP Consulting Engineers (Pty) Ltd as the Respondent. The substantive outcome of the original judgment remains unchanged except for this correction.

Obiter and limits

  • The amendment is necessary to ensure that the successful party is not prejudiced in the taxation of costs due to clerical errors in the judgment.
  • The correction does not affect the merits or substance of the original judgment handed down on 20 May 2015.

Court disposition

Judgment amended to correct the designation of parties; original judgment otherwise unchanged.

  • The judgment of 20 May 2015 is amended to refer to Ekurhuleni Metropolitan Municipality as the Excipient and VIP Consulting Engineers (Pty) Ltd as the Respondent.
  • Save for the aforesaid amendment, the original judgment remains unchanged.

Source and reliance status

North Gauteng High Court, Pretoria

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Judgment text

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Source document

North Gauteng High Court, Pretoria

Judgment

[2015] ZAGPPHC 776

THE

HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

DATE OF JUDGMENT: 23/10/2015

CASE NO: 70201/2013

DATE OF HEARING: 14 MAY 2015

DATE OF ORIGINAL JUDGMENT: 20 MAY 2015

NOT

REPORTABLE

NOT

OF INTEREST TO OTHER JUDGES

REVISED

In the matter between:

EKURHULENI

METROPOLITAN MUNICIPALITY Excipient

and

VIP CONSULTING ENGINEERS (PTY) LTD Respondent

POSTEA - JUDGMENT

AVVAKOUMI DES, AJ

1. On 20 May 2015 I handed down judgment in this application in terms of which the Ekurhuleni Metropolitan Municipality had set down and argued an exception against the claim of VIP Consulting Engineers (Pty) Ltd.

2. During the week of 19 October 2015 I was advised by the attorneys of record for the Respondent, that I had inadvertently referred to the parties incorrectly and that the taxing master had, as a result, refused to tax the bill of costs of the successful party, being the Respondent.

3. I have looked at my records and indeed I did refer to the parties incorrectly. To that extent I hereby amend the original judgment to refer to the Ekurhuleni Metropolitan Municipality as the Excipient and to VIP Consulting Engineers (Pty) Ltd as the Respondent.

4. The judgment of 20 May 2015, save for the aforesaid amendment, remains unchanged.

G. T. AVVAKOUMIDES

ACTING

JUDGE OF THE HIGH COURT

Original Representation for Excipient:

Counsel : Adv: A. W. Pullinger

Instructed by: Poswa Incorporated

Original Representation for the Respondent:

Counsel : Adv: J. A. Venter

Instructed by: WWB Botha Attorneys

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