Mobile Telephone Networks (Pty) Ltd v Appleseed Entertainment; InRe: Appleseed Entertainment v Mobile telephone Networks (Pty) Ltd (23648/11) [2015] ZAGPJHC 5 (29 January 2015)

Mobile Telephone Networks (Pty) Ltd v Appleseed Entertainment; InRe: Appleseed Entertainment v Mobile telephone Networks (Pty) Ltd (23648/11) [2015] ZAGPJHC 5 (29 January 2015)

The respondent, as plaintiff in the pending action, failed to provide the security for costs as ordered by the court and determined by the Registrar, despite being afforded more than adequate opportunity and time. The respondent did not oppose the application or provide any undertaking to pay the security amount. The applicant has no alternative remedy to protect itself against an adverse costs order. The court exercised its discretion under Uniform Rule 47(4) and found that the applicant had made out a case for the relief sought. The respondent's action was dismissed with costs, including any previously ordered or reserved costs.

Citation
[2015] ZAGPJHC 5
Parties
Applicant: Mobile Telephone Networks (Pty) Ltd; Respondent: Appleseed Entertainment
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
23648/11
Procedural Posture
Stay Application / Application for Dismissal of Action Due to Failure to Provide Security for Costs
Outcome
Application granted; respondent's pending action dismissed with costs.
Judges
D S S Moshidi
Legal Topics
Security for Costs, Uniform Rule 47, Dismissal of Action, Costs Orders
Civil Procedure Security for Costs Uniform Rule 47 Dismissal of Action Costs Orders

Case Brief

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Parties

Mobile Telephone Networks (Pty) Ltd

Applicant

Appleseed Entertainment

Respondent

Procedural Posture

Stay Application / Application for Dismissal of Action Due to Failure to Provide Security for Costs

Legal Issues

  1. 1 Whether the respondent's failure to provide security for costs as ordered justifies dismissal of its pending action.
  2. 2 Whether the applicant is entitled to the relief sought under Uniform Rule 47(4).

Ratio Decidendi

The respondent, as plaintiff in the pending action, failed to provide the security for costs as ordered by the court and determined by the Registrar, despite being afforded more than adequate opportunity and time. The respondent did not oppose the application or provide any undertaking to pay the security amount. The applicant has no alternative remedy to protect itself against an adverse costs order. The court exercised its discretion under Uniform Rule 47(4) and found that the applicant had made out a case for the relief sought. The respondent's action was dismissed with costs, including any previously ordered or reserved costs.

Court Disposition

Application granted; respondent's pending action dismissed with costs.

Orders

  • The pending action instituted by the respondent against the applicant under case number 23648/2011 is dismissed with costs, including any costs previously ordered or reserved.