Karibuni Security Services CC v Matsepe NO and Others (1966/2012) [2020] ZANCHC 77 (30 October 2020)

Karibuni Security Services CC v Matsepe NO and Others (1966/2012) [2020] ZANCHC 77 (30 October 2020)

The court found that although the COVID-19 infection of the applicant's main witness was an unfortunate event, the applicant's attorneys failed to timeously and explicitly inform the respondents of the witness's medical condition. The delay in bringing the application for postponement resulted in the respondents incurring unnecessary costs in preparing for the trial. The court held that the applicant's conduct justified a wasted costs order against it, but not on a punitive scale nor including costs for senior counsel. The applicant's own tender of wasted costs further indicated acceptance of responsibility for the postponement.

Citation
[2020] ZANCHC 77
Parties
Applicant: Karibuni Security Services CC; Respondent: Tsiu Vincent Matsepe NO; Respondent: Simone Liesel Magardie NO; Respondent: Molelekwa Ashworth Tau NO; Respondent: Ottlie Anton Noordman NO
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
30 October 2020
Case Number
1966/2012
Procedural Posture
Civil Application / Application for Wasted Costs Following Postponement of Trial
Outcome
The applicant is ordered to pay the wasted costs occasioned by the postponement of the trial.
Judges
Phatshoane
Legal Topics
Wasted Costs, Postponement of Trial, Judicial Discretion on Costs, Covid19 Trial Disruption
Civil Procedure Wasted Costs Postponement of Trial Judicial Discretion on Costs Covid19 Trial Disruption

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Parties

Karibuni Security Services CC

Applicant

Tsiu Vincent Matsepe NO

Respondent

Simone Liesel Magardie NO

Respondent

Molelekwa Ashworth Tau NO

Respondent

Ottlie Anton Noordman NO

Respondent

Procedural Posture

Civil Application / Application for Wasted Costs Following Postponement of Trial

Legal Issues

  1. 1 Whether the applicant should be ordered to pay wasted costs occasioned by the postponement of the trial.
  2. 2 Whether the late disclosure of the main witness's indisposition justifies a costs order against the applicant.
  3. 3 Whether the circumstances of COVID-19 infection warrant a departure from the general rule on costs for postponement.

Ratio Decidendi

The court found that although the COVID-19 infection of the applicant's main witness was an unfortunate event, the applicant's attorneys failed to timeously and explicitly inform the respondents of the witness's medical condition. The delay in bringing the application for postponement resulted in the respondents incurring unnecessary costs in preparing for the trial. The court held that the applicant's conduct justified a wasted costs order against it, but not on a punitive scale nor including costs for senior counsel. The applicant's own tender of wasted costs further indicated acceptance of responsibility for the postponement.

Court Disposition

The applicant is ordered to pay the wasted costs occasioned by the postponement of the trial.

Orders

  • Karibuni Security Services CC, the applicant (the defendant in the action), is to pay the wasted costs occasioned by the postponement of the trial set down for 03-07 August 2020.