Lipschitz v Crook and Another (12395/2014) [2023] ZAGPJHC 1472 (22 December 2023)

Lipschitz v Crook and Another (12395/2014) [2023] ZAGPJHC 1472 (22 December 2023)

The court held that interest on the taxed costs of R2 034 738.80 commenced running from 14 October 2021, the date the arbitration panel published its new award after considering the remitted issue. The previous award was extinguished by the court's review and could not be reinstated by the panel; the new award created a fresh obligation. The making of the award an order of court on 17 February 2022 was merely a mechanism for enforcement and did not affect the accrual of interest. The suspension of the writ of execution by court order on 15 March 2022 did not suspend the running of interest, as only the execution was stayed, not the underlying debt. The paragraphs in the respondent's...

Citation
[2023] ZAGPJHC 1472
Parties
Applicant: Larry Lipschitz; Respondent: Brian Stephen Crook; Respondent: The Sheriff, Sandton South
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 December 2023
Case Number
12395/2014
Procedural Posture
Civil Application / Judgment on Application to Declare Commencement Date for Interest on Taxed Costs and Strike Out Portions of Answering Affidavit
Outcome
Application granted. Interest on taxed costs to run from 14 October 2021 until 7 June 2023. Strike out application granted. Costs awarded against respondent.
Judges
M L Twala
Legal Topics
Prescribed Rate of Interest Act, Arbitration Award Enforcement, Taxed Costs Interest, Striking Out Scandalous Matter
Civil Procedure Prescribed Rate of Interest Act Arbitration Award Enforcement Taxed Costs Interest Striking Out Scandalous Matter

Case Brief

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Parties

Larry Lipschitz

Applicant

Brian Stephen Crook

Respondent

The Sheriff, Sandton South

Respondent

Procedural Posture

Civil Application / Judgment on Application to Declare Commencement Date for Interest on Taxed Costs and Strike Out Portions of Answering Affidavit

Legal Issues

  1. 1 What is the correct date from which interest on the taxed costs of R2 034 738.80 should commence running?
  2. 2 Does a court order suspending the execution of a warrant also suspend the running of interest on the judgment debt?
  3. 3 Should certain paragraphs of the respondent's answering affidavit be struck out as vexatious, scandalous, or irrelevant?

Ratio Decidendi

The court held that interest on the taxed costs of R2 034 738.80 commenced running from 14 October 2021, the date the arbitration panel published its new award after considering the remitted issue. The previous award was extinguished by the court's review and could not be reinstated by the panel; the new award created a fresh obligation. The making of the award an order of court on 17 February 2022 was merely a mechanism for enforcement and did not affect the accrual of interest. The suspension of the writ of execution by court order on 15 March 2022 did not suspend the running of interest, as only the execution was stayed, not the underlying debt. The paragraphs in the respondent's...

Court Disposition

Application granted. Interest on taxed costs to run from 14 October 2021 until 7 June 2023. Strike out application granted. Costs awarded against respondent.

Orders

  • It is declared that the respondent is liable to pay interest at the prescribed rate on the sum of R2 034 738.80 to the applicant from 14 October 2021 until 7 June 2023.
  • The respondent is liable to pay the costs of the application including costs occasioned by the employment of two counsel.