High Dune House (Pty) Ltd v Lester and Another (ECJ 2004/009) [2004] ZAECHC 10 (2 April 2004)

High Dune House (Pty) Ltd v Lester and Another (ECJ 2004/009) [2004] ZAECHC 10 (2 April 2004)

The court found that the urgency claimed by the applicant did not justify the truncated time frames imposed for the initial hearing, and that this conduct necessitated the postponement and wasted costs on 17 October 2002, which the applicant should bear. Regarding the remaining costs, the court held that while the applicant ultimately succeeded on the main legal issue, it had initially raised and later abandoned grounds that caused the respondent unnecessary expense, particularly regarding the alleged instability of the dune. Therefore, the applicant should be deprived of 10% of its costs, with the respondent liable for 90%. The employment of two counsel by the applicant was justified due...

Citation
[2004] ZAECHC 10
Parties
Applicant: High Dune House (Pty) Ltd; Respondent: Matthew Robert Michael Lester; Respondent: Ndlambe Municipality
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
2 April 2004
Case Number
1233/02
Procedural Posture
Civil Appeal / Costs Determination After Interdict and Non Pursuit of Main Application
Outcome
Costs apportioned: applicant to pay wasted costs of postponement; first respondent to pay 90% of remaining costs and costs of present application.
Judges
Pickering
Legal Topics
Restrictive Conditions, Title Deed Interpretation, Costs Award, Urgent Application Procedure
Land and Property Civil Procedure Restrictive Conditions Title Deed Interpretation Costs Award Urgent Application Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

High Dune House (Pty) Ltd

Applicant

Matthew Robert Michael Lester

Respondent

Ndlambe Municipality

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Interdict and Non Pursuit of Main Application

Legal Issues

  1. 1 Whether the applicant should be awarded the costs of the application after the main relief was not pursued.
  2. 2 Whether the applicant should bear the wasted costs occasioned by the postponement on 17 October 2002.
  3. 3 How the remaining costs of the application should be apportioned between the parties.

Ratio Decidendi

The court found that the urgency claimed by the applicant did not justify the truncated time frames imposed for the initial hearing, and that this conduct necessitated the postponement and wasted costs on 17 October 2002, which the applicant should bear. Regarding the remaining costs, the court held that while the applicant ultimately succeeded on the main legal issue, it had initially raised and later abandoned grounds that caused the respondent unnecessary expense, particularly regarding the alleged instability of the dune. Therefore, the applicant should be deprived of 10% of its costs, with the respondent liable for 90%. The employment of two counsel by the applicant was justified due...

Court Disposition

Costs apportioned: applicant to pay wasted costs of postponement; first respondent to pay 90% of remaining costs and costs of present application.

Orders

  • Applicant is ordered to pay the wasted costs occasioned by the postponement of the application on 17 October 2002.
  • First respondent is ordered to pay 90% of the remaining costs of the application, such costs to include the costs of two counsel.