Fox v Cango Wildlife Centre (PTY) Ltd t/a Cango Wildlife Ranch (6010/01) [2004] ZAWCHC 32 (1 November 2004)

Fox v Cango Wildlife Centre (PTY) Ltd t/a Cango Wildlife Ranch (6010/01) [2004] ZAWCHC 32 (1 November 2004)

The court found that the defendant's first tender exceeded the damages awarded to the plaintiff. In terms of section 2A(4) of the Prescribed Rate of Interest Act, interest on past medical expenses and loss of income is interrupted from the date of the first tender until the date of judgment, and only accrues before and after that period. The costs order was amended so that the plaintiff is entitled to costs up to and including 14 July 2002, excluding costs of experts not called to testify, and the defendant is entitled to costs thereafter, including costs of two counsel and reasonable qualifying expenses of its experts. The court exercised its discretion to amend the original order,...

Citation
[2004] ZAWCHC 32
Parties
Plaintiff: Margaret Joanne Hoyle Fox; Defendant: Cango Wildlife Centre (PTY) Ltd t/a Cango Wildlife Ranch
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 November 2004
Case Number
6010/01
Procedural Posture
Civil Procedure / Application for Variation And/or Correction of Order on Costs and Interest Following Judgment
Outcome
Applications for variation of the order as to interest and costs granted with costs.
Judges
D H Van Zyl
Legal Topics
Costs Award, Interest on Judgment Debt, Rule 34 Tender, Variation of Order, Prescribed Rate of Interest Act, Expert Witness Fees
Civil Procedure Costs Award Interest on Judgment Debt Rule 34 Tender Variation of Order Prescribed Rate of Interest Act Expert Witness Fees

Case Brief

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Parties

Margaret Joanne Hoyle Fox

Plaintiff

Cango Wildlife Centre (PTY) Ltd t/a Cango Wildlife Ranch

Defendant

Procedural Posture

Civil Procedure / Application for Variation And/or Correction of Order on Costs and Interest Following Judgment

Legal Issues

  1. 1 Whether the costs order should be amended in light of prior tenders exceeding the award.
  2. 2 Whether interest on past medical expenses and loss of income should be interrupted from the date of tender to the date of judgment.
  3. 3 Whether the costs of experts not called to testify should be excluded from the plaintiff's recoverable costs.

Ratio Decidendi

The court found that the defendant's first tender exceeded the damages awarded to the plaintiff. In terms of section 2A(4) of the Prescribed Rate of Interest Act, interest on past medical expenses and loss of income is interrupted from the date of the first tender until the date of judgment, and only accrues before and after that period. The costs order was amended so that the plaintiff is entitled to costs up to and including 14 July 2002, excluding costs of experts not called to testify, and the defendant is entitled to costs thereafter, including costs of two counsel and reasonable qualifying expenses of its experts. The court exercised its discretion to amend the original order,...

Court Disposition

Applications for variation of the order as to interest and costs granted with costs.

Orders

  • Paragraphs 4 and 6 of the order dated 2 August 2004 are amended as follows:
  • Interest on past medical expenses and past loss of income shall accrue at the prescribed statutory rate from the date of service of summons until 12 July 2002, and from the date of this judgment until date of payment; no interest shall accrue during the period from 13 July 2002 until date of judgment.