Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088) [2012] ZAGPJHC 64 (18 April 2012)

Juchniewicz and Another v Rijavec and Another, In re: Rijavec and Another v Juchniewicz and Others (08/26088) [2012] ZAGPJHC 64 (18 April 2012)

The court held that it had not made any order regarding qualifying fees in the main judgment because the issue was not raised by either party at trial. The application for qualifying fees was not an attempt to vary the costs order, but rather to seek ancillary relief that could have been granted had it been requested at the appropriate time. The court found that the application was brought within a reasonable time and that the defendants were not at fault for the delay. The qualifying fees for Drs Edeling and Mazabow were reasonable and necessary, and the court exercised its discretion to allow them, relying on the principles established in Firestone and Lynmar Investments. The...

Citation
[2012] ZAGPJHC 64
Parties
Applicant: Chantel Juchniewicz; Applicant: Divan Santana; Respondent: Carmen Rijavec; Respondent: Carmen Rijavec N.O.
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
18 April 2012
Case Number
08/26088
Procedural Posture
Civil Application / Post Trial Application for Qualifying Expert Fees After Main Judgment
Outcome
Application granted. Qualifying fees and expenses of Dr Mazabow and Dr Edeling allowed. Defendants to pay costs of the application on the opposed scale.
Judges
P Coppin
Legal Topics
Costs Order, Qualifying Fees, Functus Officio, Ancillary Relief
Civil Procedure Costs Order Qualifying Fees Functus Officio Ancillary Relief

Case Brief

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Parties

Chantel Juchniewicz

Applicant

Divan Santana

Applicant

Carmen Rijavec

Respondent

Carmen Rijavec N.O.

Respondent

Procedural Posture

Civil Application / Post Trial Application for Qualifying Expert Fees After Main Judgment

Legal Issues

  1. 1 Whether the court is competent to entertain an application for qualifying fees of expert witnesses after the main judgment and costs order have been handed down.
  2. 2 Whether the application for qualifying fees was brought within a reasonable time.
  3. 3 Whether the qualifying fees for Drs Edeling and Mazabow were reasonable and necessary.

Ratio Decidendi

The court held that it had not made any order regarding qualifying fees in the main judgment because the issue was not raised by either party at trial. The application for qualifying fees was not an attempt to vary the costs order, but rather to seek ancillary relief that could have been granted had it been requested at the appropriate time. The court found that the application was brought within a reasonable time and that the defendants were not at fault for the delay. The qualifying fees for Drs Edeling and Mazabow were reasonable and necessary, and the court exercised its discretion to allow them, relying on the principles established in Firestone and Lynmar Investments. The...

Court Disposition

Application granted. Qualifying fees and expenses of Dr Mazabow and Dr Edeling allowed. Defendants to pay costs of the application on the opposed scale.

Orders

  • The qualifying fees and expenses of Dr Mazabow and Dr Edeling are allowed.
  • The defendants (applicants) are ordered to pay the costs of this application on the opposed scale.