Ludik v Ludik (13096/14) [2015] ZAGPPHC 768 (13 November 2015)

Ludik v Ludik (13096/14) [2015] ZAGPPHC 768 (13 November 2015)

The court held that an order for costs on an attorney and client scale should only be granted in special circumstances and should not impede a party's right to be heard. In this case, the plaintiff's reasons for postponement—lack of discovery, need for an interpreter, and pending amendments—were not shown to be vexatious or unreasonable at this stage. The defendant's request for punitive costs was premature, as the merits of the amendment and forfeiture claim could only be determined at trial. The court found it fair and just to reserve the costs occasioned by the postponement and the application, rather than awarding them immediately on an attorney and client scale.

Citation
[2015] ZAGPPHC 768
Parties
Plaintiff: Irina Ludik; Defendant: Izak Johannes Guillaume Ludik
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 November 2015
Case Number
13096/14
Procedural Posture
Civil Procedure / Application for Postponement and Determination of Costs in Divorce Proceedings
Outcome
The wasted costs occasioned by the application for postponement and the costs of the application are reserved.
Judges
M F Legodi
Legal Topics
Costs on Attorney and Client Scale, Postponement of Trial, Forfeiture Claim, Discovery Dispute
Civil Procedure Family and Children Costs on Attorney and Client Scale Postponement of Trial Forfeiture Claim Discovery Dispute

Case Brief

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Parties

Irina Ludik

Plaintiff

Izak Johannes Guillaume Ludik

Defendant

Procedural Posture

Civil Procedure / Application for Postponement and Determination of Costs in Divorce Proceedings

Legal Issues

  1. 1 Should the plaintiff, who seeks a postponement in a divorce matter, be ordered to pay wasted costs on an attorney and client scale?
  2. 2 Are there special circumstances justifying punitive costs against the plaintiff?
  3. 3 Should the costs occasioned by the postponement be reserved pending trial?

Ratio Decidendi

The court held that an order for costs on an attorney and client scale should only be granted in special circumstances and should not impede a party's right to be heard. In this case, the plaintiff's reasons for postponement—lack of discovery, need for an interpreter, and pending amendments—were not shown to be vexatious or unreasonable at this stage. The defendant's request for punitive costs was premature, as the merits of the amendment and forfeiture claim could only be determined at trial. The court found it fair and just to reserve the costs occasioned by the postponement and the application, rather than awarding them immediately on an attorney and client scale.

Court Disposition

The wasted costs occasioned by the application for postponement and the costs of the application are reserved.

Orders

  • The wasted costs occasioned by the application for postponement and the costs of the application are hereby reserved.