Nu-Shelf Investments CC v Bangaar and Others (13703/06, 13704/06) [2011] ZAKZDHC 69; 2012 (3) SA 136 (KZD) (11 April 2011)

Nu-Shelf Investments CC v Bangaar and Others (13703/06, 13704/06) [2011] ZAKZDHC 69; 2012 (3) SA 136 (KZD) (11 April 2011)

The court held that Rule 45 of the Uniform Rules of Court governs the issuance of writs of execution and requires that such writs be based on a judgment or order of the court. The respondent's reliance on Rule 70 was misplaced, as taxation of a bill of costs does not itself constitute a judgment authorizing...

Source-derived case information.

Citation
[2011] ZAKZDHC 69
Parties
Applicant: Nu-Shelf Investments CC; Respondent: Strinivasaen Krishna Bangaar; Respondent: The Sheriff Durban Central
Court
Kwazulu-Natal High Court, Durban
Jurisdiction
South Africa
Judgment Date
11 April 2011
Case Number
13703/06, 13704/06
Procedural Posture
Civil Application / Costs Determination After Withdrawal of Opposition
Outcome
The rule is confirmed. The first respondent is ordered to pay the costs, including the costs of the opposed application.
Judges
Steyn
Legal Topics
Writ of Execution, Taxation of Costs, Rule 45, Rule 70, Withdrawal of Opposition
Civil Procedure Writ of Execution Taxation of Costs Rule 45 Rule 70 Withdrawal of Opposition

Source-derived case record

Summary, issues, holding and outcome

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Parties

Nu-Shelf Investments CC

Applicant

Strinivasaen Krishna Bangaar

Respondent

The Sheriff Durban Central

Respondent

Procedural Posture

Civil Application / Costs Determination After Withdrawal of Opposition

Legal Issues

  1. 1 Whether a writ of execution may be issued solely on a taxed bill of costs absent a judgment or order.
  2. 2 Whether the applicant is entitled to costs following the withdrawal of opposition by the first respondent.
  3. 3 Whether Rule 45 of the Uniform Rules of Court applies to the issuance of writs for costs.

Ratio Decidendi

The court held that Rule 45 of the Uniform Rules of Court governs the issuance of writs of execution and requires that such writs be based on a judgment or order of the court. The respondent's reliance on Rule 70 was misplaced, as taxation of a bill of costs does not itself constitute a judgment authorizing execution. Since the opposition was withdrawn and the applicant was justified in bringing the applications to protect its rights, costs should follow the result. The rule was confirmed and the first respondent was ordered to pay the costs, including those of the opposed application.

Court Disposition

The rule is confirmed. The first respondent is ordered to pay the costs, including the costs of the opposed application.

Orders

  • The rule issued is confirmed.
  • The first respondent is ordered to pay the costs, such costs to include the costs of the opposed application.