Mostert and Others v Executive Committee for the Department of Public Transport and Others (39335/2007) [2015] ZAGPPHC 929 (17 November 2015)

Mostert and Others v Executive Committee for the Department of Public Transport and Others (39335/2007) [2015] ZAGPPHC 929 (17 November 2015)

The court found that the present case was sufficiently complex, involving voluminous documents and a lengthy trial, to justify the appointment of two counsel for the First Plaintiff in his representative capacity. The appointment was prudent and responsible to protect the interests of the minor children. The court noted that the Third and Fourth Defendants had already agreed to pay costs for two counsel for the Second and Third Plaintiffs in the same matter. Therefore, the appointment of two counsel for the First Plaintiff in his representative capacity was not a luxury but a reasonable and necessary precaution. The court exercised its discretion to award costs for two counsel to the...

Citation
[2015] ZAGPPHC 929
Parties
Plaintiff: Dr HF Mostert; Plaintiff: S Mostert; Plaintiff: N Mostert; Defendant: Executive Committee for the Department of Public Transport; Defendant: Gautrains; Defendant: Boitshoko Road Surfacing Contractors (Pty) Ltd; Defendant: Jeffares and Green Consulting Engineers (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 November 2015
Case Number
39335/2007
Procedural Posture
Civil Procedure / Costs Determination Following Settlement
Outcome
Costs of two counsel are awarded to the First Plaintiff in his representative capacity.
Judges
D S Molefe
Legal Topics
Costs Award, Multiple Counsel, Settlement Agreement, Contributory Negligence
Civil Procedure Costs Award Multiple Counsel Settlement Agreement Contributory Negligence

Case Brief

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Parties

Dr HF Mostert

Plaintiff

S Mostert

Plaintiff

N Mostert

Plaintiff

Executive Committee for the Department of Public Transport

Defendant

Gautrains

Defendant

Boitshoko Road Surfacing Contractors (Pty) Ltd

Defendant

Jeffares and Green Consulting Engineers (Pty) Ltd

Defendant

Procedural Posture

Civil Procedure / Costs Determination Following Settlement

Legal Issues

  1. 1 Whether the First Plaintiff in his representative capacity is entitled to the costs of two counsel.
  2. 2 Whether the appointment of two counsel in the circumstances was reasonable and necessary.

Ratio Decidendi

The court found that the present case was sufficiently complex, involving voluminous documents and a lengthy trial, to justify the appointment of two counsel for the First Plaintiff in his representative capacity. The appointment was prudent and responsible to protect the interests of the minor children. The court noted that the Third and Fourth Defendants had already agreed to pay costs for two counsel for the Second and Third Plaintiffs in the same matter. Therefore, the appointment of two counsel for the First Plaintiff in his representative capacity was not a luxury but a reasonable and necessary precaution. The court exercised its discretion to award costs for two counsel to the...

Court Disposition

Costs of two counsel are awarded to the First Plaintiff in his representative capacity.

Orders

  • The costs of the First Plaintiff in his representative capacity must include the costs of two counsel.
  • The amended draft order marked 'X' is made an order of court.