Louw v Engirex (Pty) Ltd and Others (1629-2020) [2022] ZANCHC 39 (29 July 2022)

Louw v Engirex (Pty) Ltd and Others (1629-2020) [2022] ZANCHC 39 (29 July 2022)

The court found that the application for leave to appeal concerned only the costs order, and that the applicant failed to demonstrate any exceptional circumstances that would justify an appeal on costs alone. The decision sought on appeal would have no practical effect or result, as the main application had become moot and only costs were at issue. The court was satisfied that its discretion in awarding costs was exercised judicially, based on the facts and applicable legal principles. There were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Citation
[2022] ZANCHC 39
Parties
Applicant: Johannes Abraham Louw; Respondent: Engirex (Pty) Ltd; Respondent: Bertus Kilian; Respondent: Nexus (Pty) Ltd
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 July 2022
Case Number
1629/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Application for leave to appeal is dismissed with costs.
Judges
Stanton, A
Legal Topics
Leave to Appeal, Costs Award, Judicial Discretion, Superior Courts Act
Civil Procedure Leave to Appeal Costs Award Judicial Discretion Superior Courts Act

Case Brief

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Parties

Johannes Abraham Louw

Applicant

Engirex (Pty) Ltd

Respondent

Bertus Kilian

Respondent

Nexus (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the costs order.
  2. 2 Whether the decision sought on appeal will have any practical effect or result, as contemplated by section 16(2)(a) of the Superior Courts Act.
  3. 3 Whether exceptional circumstances exist to justify an appeal on costs alone.

Ratio Decidendi

The court found that the application for leave to appeal concerned only the costs order, and that the applicant failed to demonstrate any exceptional circumstances that would justify an appeal on costs alone. The decision sought on appeal would have no practical effect or result, as the main application had become moot and only costs were at issue. The court was satisfied that its discretion in awarding costs was exercised judicially, based on the facts and applicable legal principles. There were no reasonable prospects of success on appeal, and the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal is dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicant is ordered to pay the costs of the application.