Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others (5945/09) [2009] ZAKZPHC 38 (13 August 2009)

Natal Zoological Gardens (Pty) Ltd and Others v Ezemvelo KZN Wildlife and Others (5945/09) [2009] ZAKZPHC 38 (13 August 2009)

The court found that the applicants were substantially successful, as the contested permit conditions were set aside on appeal. However, the applicants did not establish a reasonable apprehension of irreparable harm, since the respondents' intended enforcement actions were subject to statutory safeguards and opportunities for representation. The refusal to provide an undertaking was motivated by concern for animal welfare, not malice. Given these circumstances, and in the exercise of judicial discretion, the court held that neither party should be ordered to pay the other's costs. The proceedings were not so unnecessary as to justify a costs order against the applicants, nor was the...

Citation
[2009] ZAKZPHC 38
Parties
Applicant: Natal Zoological Gardens (Pty) Ltd; Applicant: Natal Lion Park CC; Applicant: Brian Boswell Circus (Pty) Ltd.; Applicant: Brian Boswell; Respondent: Ezemvelo KZN Wildlife; Respondent: Andrew Blackmore; Respondent: Dr Jean Harris; Respondent: Member of the Executive Council for Agriculture & Environmental Affairs of the Province of Kwazulu-Natal
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
13 August 2009
Case Number
5945/09
Procedural Posture
Urgent Application / Costs Determination Following Interim Interdict Application
Outcome
Each party is ordered to pay its own costs.
Judges
Swain
Legal Topics
Interim Interdict, Costs Award, Permit Conditions, Animal Welfare, Administrative Appeal
Civil Procedure Environmental Law Interim Interdict Costs Award Permit Conditions Animal Welfare Administrative Appeal

Case Brief

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Parties

Natal Zoological Gardens (Pty) Ltd

Applicant

Natal Lion Park CC

Applicant

Brian Boswell Circus (Pty) Ltd.

Applicant

Brian Boswell

Applicant

Ezemvelo KZN Wildlife

Respondent

Andrew Blackmore

Respondent

Dr Jean Harris

Respondent

Member of the Executive Council for Agriculture & Environmental Affairs of the Province of Kwazulu-Natal

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Interim Interdict Application

Legal Issues

  1. 1 Who should bear the costs of the application after the relief sought became redundant due to the outcome of the administrative appeal.
  2. 2 Whether the applicants had a reasonable apprehension of irreparable harm justifying the interim interdict.
  3. 3 Whether the proceedings were unnecessary or misconceived given the remedies available under the relevant legislation.

Ratio Decidendi

The court found that the applicants were substantially successful, as the contested permit conditions were set aside on appeal. However, the applicants did not establish a reasonable apprehension of irreparable harm, since the respondents' intended enforcement actions were subject to statutory safeguards and opportunities for representation. The refusal to provide an undertaking was motivated by concern for animal welfare, not malice. Given these circumstances, and in the exercise of judicial discretion, the court held that neither party should be ordered to pay the other's costs. The proceedings were not so unnecessary as to justify a costs order against the applicants, nor was the...

Court Disposition

Each party is ordered to pay its own costs.

Orders

  • Each of the parties are ordered to pay their own costs.