Natural Corp Protection (Pty) Ltd and Others v Sumitomo Chemicals Company Ltd and Another (25427/2005) [2007] ZAGPHC 207 (14 September 2007)

Natural Corp Protection (Pty) Ltd and Others v Sumitomo Chemicals Company Ltd and Another (25427/2005) [2007] ZAGPHC 207 (14 September 2007)

The court found that, although the filing of the affidavits by the Applicants may not have been the optimal way to progress the matter, it did not amount to an irregular step under Rule 30. The Respondents failed to demonstrate any substantial prejudice resulting from the filing of the affidavits, as the inconvenience and costs cited are inherent in litigation and do not meet the threshold for prejudice. The court exercised its discretion and dismissed the application to set aside the affidavits. Regarding costs, the court held that, although the matter was not complex, both parties employed senior counsel, and it was fair to allow costs for two counsel.

Citation
[2007] ZAGPHC 207
Parties
Applicant: Natural Corp Protection (Pty) Ltd; Applicant: Almond Agrochemicals (Pty) Ltd; Applicant: Villa Corp Protection (Pty) Ltd; Applicant: The Registrar of Fertilizers, Farm Feeds, Agriculture Remedies and Stock Remedies; Respondent: Sumitomo Chemicals Company Ltd; Respondent: Philagro South Africa (Pty) Ltd
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
14 September 2007
Case Number
25427/2005
Procedural Posture
Civil Application / Rule 30 Application to Set Aside Affidavits as Irregular
Outcome
Application dismissed with costs, including costs for two counsel.
Judges
T M Makgoka
Legal Topics
Rule 30 Irregular Step, Affidavit Filing, Judicial Discretion, Costs Order
Civil Procedure Rule 30 Irregular Step Affidavit Filing Judicial Discretion Costs Order

Case Brief

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Parties

Natural Corp Protection (Pty) Ltd

Applicant

Almond Agrochemicals (Pty) Ltd

Applicant

Villa Corp Protection (Pty) Ltd

Applicant

The Registrar of Fertilizers, Farm Feeds, Agriculture Remedies and Stock Remedies

Applicant

Sumitomo Chemicals Company Ltd

Respondent

Philagro South Africa (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Rule 30 Application to Set Aside Affidavits as Irregular

Legal Issues

  1. 1 Whether the filing of the Applicants' affidavits on 1 February 2007 constituted an irregular step under Rule 30.
  2. 2 Whether substantial prejudice would be caused to the Respondents if the affidavits were not set aside.
  3. 3 Whether costs should be awarded and on what scale.

Ratio Decidendi

The court found that, although the filing of the affidavits by the Applicants may not have been the optimal way to progress the matter, it did not amount to an irregular step under Rule 30. The Respondents failed to demonstrate any substantial prejudice resulting from the filing of the affidavits, as the inconvenience and costs cited are inherent in litigation and do not meet the threshold for prejudice. The court exercised its discretion and dismissed the application to set aside the affidavits. Regarding costs, the court held that, although the matter was not complex, both parties employed senior counsel, and it was fair to allow costs for two counsel.

Court Disposition

Application dismissed with costs, including costs for two counsel.

Orders

  • The application is dismissed with costs, such costs to include costs attendant upon employment of two counsel.