Nedcor Bank Ltd and Others v Master of The High Court and Others (1) (111/2001) [2002] ZASCA 53 (29 May 2002)
- Citation
- [2002] ZASCA 53
- Status
- Order
- Jurisdiction
- South Africa
- Court
- Supreme Court of Appeal
- Panel
- Hefer, Zulman, Brand, Nugent, Lewis
- Case number
- 111/2001
More details
- Court
- Supreme Court of Appeal
- Panel
- Hefer, Zulman, Brand, Nugent, Lewis
- Case number
- 111/2001
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Supreme Court of Appeal found that the costs order in paragraph 10 of its original judgment was made per incuriam, meaning it was issued without proper consideration of the relevant legal principles. The Court withdrew the original costs order and substituted it with an order dismissing the appeal with costs, in line with the application of section 152 of the Insolvency Act and established principles governing costs in civil appeals.
Court disposition
Appeal dismissed with costs.
Orders
- The appeal is dismissed with costs.
02
Material facts
Parties
Nedcor Bank Ltd
AppellantMurray and Roberts Construction Ltd
AppellantGary Charles Hess
AppellantJames Byrne
AppellantTrevor John Griffiths
AppellantThe Master of the High Court, Pretoria
RespondentAnton Victor Hamman NO
RespondentAnna Catherina Basson
RespondentJohannes Marthinus Basson
Respondent03
Procedural history
Posture
Civil Appeal / Amended Costs Order
04
Questions and positions
Legal issues
- 01
Whether the costs order in paragraph 10 of the original judgment was made per incuriam.
- 02
What is the appropriate costs order in the appeal regarding the winding-up of a close corporation.
Party arguments
- Applicant
- The appellants argued that the costs order in the original judgment was incorrect and should be amended to reflect the proper disposition of costs in accordance with the application of section 152 of the Insolvency Act.
- Respondent
- The respondents maintained that the original costs order was made per incuriam and supported its withdrawal and substitution with an order dismissing the appeal with costs.
05
Court’s reasoning
Legal principles
- 01
General principles of civil procedure
A costs order made per incuriam must be withdrawn and substituted with the correct order.
- 02
Insolvency Act
Section 152 of the Insolvency Act governs the costs in matters where a close corporation is placed under a winding-up order.
06
Ratio, limits and disposition
Ratio decidendi
The Supreme Court of Appeal found that the costs order in paragraph 10 of its original judgment was made per incuriam, meaning it was issued without proper consideration of the relevant legal principles. The Court withdrew the original costs order and substituted it with an order dismissing the appeal with costs, in line with the application of section 152 of the Insolvency Act and established principles governing costs in civil appeals.
Court disposition
Appeal dismissed with costs.
- The appeal is dismissed with costs.
Source and reliance status
Supreme Court of Appeal
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Supreme Court of Appeal
Order
THE
SUPREME COURT OF APPEAL
OF
SOUTH AFRICA
CASE NO: 111/2001
In the matter between:
NEDCOR BANK LTD First Appellant
MURRAY AND ROBERTS CONSTRUCTION LTD Second Appellant
GARY CHARLES HESS Third Appellant
JAMES BYRNE Fourth Appellant
TREVOR JOHN GRIFFITHS Fifth Appellant
and
THE MASTER OF THE HIGH COURT, PRETORIA First Respondent
ANTON VICTOR HAMMAN NO Second Respondent
ANNA CATHERINA BASSON Third Respondent
JOHANNES MARTHINUS BASSON Fourth Respondent
Before: HEFER AP, ZULMAN, BRAND & NUGENT JJA &
LEWIS AJA
Heard: 16 MAY 2002
Delivered: 29 MAY 2002
Summary: Application of s 152 of Insolvency Act where Close Corporation placed under winding-up order
_____________
AMENDED COSTS ORDER
LEWIS AJA:
The costs order in paragraph 10 of the judgment of this Court delivered on 29 May 2002 was made per incuriam. It is withdrawn, and in its place is substituted the following:
âThe appeal is dismissed with costs.â
C H LEWIS
ACTING
JUDGE OF APPEAL
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.