Ekurhuleni Metropolitan Municipality v VIP Consulting Engineers (Pty) Ltd (70201/2013) [2015] ZAGPPHC 776 (23 October 2015)
- Citation
- [2015] ZAGPPHC 776
- Status
- Judgment
- Jurisdiction
- South Africa
- Court
- North Gauteng High Court, Pretoria
- Panel
- G. T. Avvakoumides
- Case number
- 70201/2013
More details
- Court
- North Gauteng High Court, Pretoria
- Panel
- G. T. Avvakoumides
- Case number
- 70201/2013
On this page
Professional case brief
Research organized from the available case record
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. PullingerVIP Consulting Engineers (Pty) Ltd
Respondent Counsel: J. A. Venter03
Procedural history
Posture
Civil Procedure / Exception to Claim; Post Judgment Correction
04
Questions and positions
Legal issues
- 01
Whether the parties were correctly referred to in the original judgment.
- 02
Whether the judgment required amendment to reflect the correct party designations.
- 03
Whether the successful party is entitled to have its bill of costs taxed.
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
Legal principles
- 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
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
North Gauteng High Court, Pretoria
Judgment
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
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.