Meyer v Mangaung Metropolitan Municipality and Another (4041/2021) [2021] ZAFSHC 295 (10 November 2021)

Meyer v Mangaung Metropolitan Municipality and Another (4041/2021) [2021] ZAFSHC 295 (10 November 2021)

The court found that the applicant issued an ultimatum in the letter of demand, affording the respondents until close of business on 2 September 2021 to reconnect the water supply. The respondents acted on the letter and reconnected the supply before the deadline, making the urgent application unnecessary and premature. The applicant was entitled to costs for the initial consultation and letter of demand due to the respondents' unlawful disconnection, but not for the costs of the application itself, which was launched before the ultimatum expired. The court exercised its discretion to apportion costs fairly, ordering the respondents to pay the applicant's costs for the initial steps and...

Citation
[2021] ZAFSHC 295
Parties
Applicant: Francois Terblanche Meyer; Respondent: Mangaung Metropolitan Municipality; Respondent: Municipal Manager: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 November 2021
Case Number
4041/2021
Procedural Posture
Urgent Application / Opposed Roll on Costs After Urgent Application Resolved by Agreement
Outcome
Costs apportioned: respondents to pay applicant's costs for initial consultation and letter of demand on attorney and client scale; applicant to pay respondents' costs for the application, including costs of 2 September 2021.
Judges
I VAN RHYN
Legal Topics
Municipal Services Disconnection, Costs Award, Attorney and Client Scale, Unlawful Administrative Action
Civil Procedure Administrative Law Municipal Services Disconnection Costs Award Attorney and Client Scale Unlawful Administrative Action

Case Brief

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Parties

Francois Terblanche Meyer

Applicant

Mangaung Metropolitan Municipality

Respondent

Municipal Manager: Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Opposed Roll on Costs After Urgent Application Resolved by Agreement

Legal Issues

  1. 1 Whether the applicant is entitled to costs for the urgent application after the water supply was reconnected before the ultimatum expired.
  2. 2 Whether the respondents' conduct in disconnecting the water supply was unlawful and justified an attorney and client costs order.
  3. 3 Whether the applicant acted prematurely in launching the urgent application before the deadline in the letter of demand.

Ratio Decidendi

The court found that the applicant issued an ultimatum in the letter of demand, affording the respondents until close of business on 2 September 2021 to reconnect the water supply. The respondents acted on the letter and reconnected the supply before the deadline, making the urgent application unnecessary and premature. The applicant was entitled to costs for the initial consultation and letter of demand due to the respondents' unlawful disconnection, but not for the costs of the application itself, which was launched before the ultimatum expired. The court exercised its discretion to apportion costs fairly, ordering the respondents to pay the applicant's costs for the initial steps and...

Court Disposition

Costs apportioned: respondents to pay applicant's costs for initial consultation and letter of demand on attorney and client scale; applicant to pay respondents' costs for the application, including costs of 2 September 2021.

Orders

  • The first and second respondents, jointly and severally, shall pay the applicant's costs of the initial consultation with the attorney of record and the costs associated with the letter of demand dated 1 September 2021 on an attorney and client scale.
  • The applicant shall pay the respondents' costs of the application, including the costs of 2 September 2021.