Hay v Road Accident Fund (2019/5932) [2025] ZAGPJHC 278 (14 March 2025)

Hay v Road Accident Fund (2019/5932) [2025] ZAGPJHC 278 (14 March 2025)

The court found that the mortgage loan agreement between the parties expressly provided for costs on the attorney and client scale in the event of enforcement proceedings. The applicants prosecuted the application in a half-hearted manner, failing to file heads of argument and allowing the matter to drift, which necessitated the respondents' intervention to set the matter down. In light of the contractual provision and the applicants' conduct, the court held that a costs order on the attorney and client scale was both necessary and appropriate. The application was accordingly withdrawn with costs awarded against the applicants on the attorney and client scale.

Citation
[2025] ZAGPJHC 278
Parties
Applicant: Teresa Thring and Another; Respondent: ABSA Bank Limited and Others
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 July 2025
Case Number
46032/2018
Procedural Posture
Urgent Application / Application for Rescission and Withdrawal
Outcome
Application withdrawn by leave; costs awarded against applicants on attorney and client scale.
Judges
Wilson
Legal Topics
Costs Scale, Mortgage Enforcement
Civil Procedure Banking and Finance Costs Scale Mortgage Enforcement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Teresa Thring and Another

Applicant

ABSA Bank Limited and Others

Respondent

Procedural Posture

Urgent Application / Application for Rescission and Withdrawal

Legal Issues

  1. 1 Should the applicants be permitted to withdraw their application for rescission of the reserve price order.
  2. 2 What is the appropriate scale of costs to be awarded against the applicants upon withdrawal.

Ratio Decidendi

The court found that the mortgage loan agreement between the parties expressly provided for costs on the attorney and client scale in the event of enforcement proceedings. The applicants prosecuted the application in a half-hearted manner, failing to file heads of argument and allowing the matter to drift, which necessitated the respondents' intervention to set the matter down. In light of the contractual provision and the applicants' conduct, the court held that a costs order on the attorney and client scale was both necessary and appropriate. The application was accordingly withdrawn with costs awarded against the applicants on the attorney and client scale.

Court Disposition

Application withdrawn by leave; costs awarded against applicants on attorney and client scale.

Orders

  • The applicants are given leave to withdraw their application.
  • The applicants are directed to pay the costs of the application jointly and severally, the one paying the other to be absolved, on the scale as between attorney and client.