Fourie v Botha and Others (500/2024) [2025] ZANCHC 70 (1 August 2025)

Fourie v Botha and Others (500/2024) [2025] ZANCHC 70 (1 August 2025)

The applicant achieved substantial success in the urgent application and is entitled to a favourable costs order. However, the applicant failed to make out a case for a punitive costs order on the attorney and client scale in the founding papers, and no special circumstances justifying such an order were established. The normal rule that costs follow the event applies, and the 1st respondent is ordered to pay the costs on a party and party scale, as determined by scale 'B' in Rule 69(7) read with Rule 67A(3) of the Uniform Rules of Court.

Citation
[2025] ZANCHC 70
Parties
Applicant: Daniel Jacobus Fourie; Respondent: Johan Botha; Respondent: Greefspan II OM (Pty) Ltd; Respondent: Boikanyo Solar (RF) (Pty) Ltd; Respondent: Johannes Andreas Wiid N.O. (In his capacity as Trustee of the JA Wiid Family Trust, IT526/1999); Respondent: Christiaan Jacobus Kirstein N.O. (In his capacity as Trustee of the JA Wiid Family Trust, IT526/1999); Respondent: Pieter Lodewikus van Niekerk N.O. (In his capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000); Respondent: Anja van der Merwe N.O. (In her capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000); Respondent: Mar-Elize de Jongh N.O. (In her capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000); Respondent: Peter John Truter N.O. (In his capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000)
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
1 August 2025
Case Number
500/2024
Procedural Posture
Urgent Application / Costs Determination After Interim Relief Granted
Outcome
Application for punitive costs order dismissed; costs awarded on party and party scale.
Judges
Olivier AJ
Legal Topics
Costs Award, Attorney and Client Scale, Party and Party Scale, Interim Relief, Urgent Application
Civil Procedure Costs Award Attorney and Client Scale Party and Party Scale Interim Relief Urgent Application

Case Brief

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Parties

Daniel Jacobus Fourie

Applicant

Johan Botha

Respondent

Greefspan II OM (Pty) Ltd

Respondent

Boikanyo Solar (RF) (Pty) Ltd

Respondent

Johannes Andreas Wiid N.O. (In his capacity as Trustee of the JA Wiid Family Trust, IT526/1999)

Respondent

Christiaan Jacobus Kirstein N.O. (In his capacity as Trustee of the JA Wiid Family Trust, IT526/1999)

Respondent

Pieter Lodewikus van Niekerk N.O. (In his capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000)

Respondent

Anja van der Merwe N.O. (In her capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000)

Respondent

Mar-Elize de Jongh N.O. (In her capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000)

Respondent

Peter John Truter N.O. (In his capacity as Trustee of the Pieter van Niekerk Familietrust, IT41/2000)

Respondent

Procedural Posture

Urgent Application / Costs Determination After Interim Relief Granted

Legal Issues

  1. 1 Whether the applicant is entitled to a punitive costs order on the attorney and client scale.
  2. 2 Whether the applicant achieved substantial success in the urgent application.
  3. 3 Whether the normal party and party costs order should be deviated from.

Ratio Decidendi

The applicant achieved substantial success in the urgent application and is entitled to a favourable costs order. However, the applicant failed to make out a case for a punitive costs order on the attorney and client scale in the founding papers, and no special circumstances justifying such an order were established. The normal rule that costs follow the event applies, and the 1st respondent is ordered to pay the costs on a party and party scale, as determined by scale 'B' in Rule 69(7) read with Rule 67A(3) of the Uniform Rules of Court.

Court Disposition

Application for punitive costs order dismissed; costs awarded on party and party scale.

Orders

  • The 1st Respondent is ordered to pay the costs of the application lodged under case number 500/2024 on 27 February 2024 on a scale as between party and party, the costs to be determined according to scale 'B' as referred to in Rule 69(7) read with Rule 67A(3) of the Uniform Rules of Court.