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

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

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.

Citation
[2015] ZAGPPHC 776
Parties
Applicant: Ekurhuleni Metropolitan Municipality; Respondent: VIP Consulting Engineers (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 October 2015
Case Number
70201/2013
Procedural Posture
Civil Procedure / Exception to Claim; Post Judgment Correction
Outcome
Judgment amended to correct the designation of parties; original judgment otherwise unchanged.
Judges
G. T. Avvakoumides
Legal Topics
Exception Procedure, Amendment of Judgment, Costs Taxation
Civil Procedure Exception Procedure Amendment of Judgment Costs Taxation

Case Brief

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Parties

Ekurhuleni Metropolitan Municipality

Applicant

VIP Consulting Engineers (Pty) Ltd

Respondent

Procedural Posture

Civil Procedure / Exception to Claim; Post Judgment Correction

Legal Issues

  1. 1 Whether the parties were correctly referred to in the original judgment.
  2. 2 Whether the judgment required amendment to reflect the correct party designations.
  3. 3 Whether the successful party is entitled to have its bill of costs taxed.

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.

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.