Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15) [2016] ZAGPPHC 522 (24 June 2016)

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15) [2016] ZAGPPHC 522 (24 June 2016)

The court held that a specific costs order is not required in liquidation proceedings, as the right to costs arises ex lege from the Insolvency Act. The Taxing Master should not refuse to tax a bill of costs simply because the court order does not expressly mention costs. The request to amplify the final liquidation order to include a costs order was refused. The reserved costs from the previous postponement were not awarded due to lack of evidence, and the order reserving those costs remains in place. The court ordered that the costs of the application, including those pertaining to the 20th and 22nd of June 2016 and the heads of argument, are to be costs in the liquidation and may be...

Citation
[2016] ZAGPPHC 522
Parties
Plaintiff: Sectional Poles (Pty) Ltd; Defendant: D and Electrical Projects CC
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 June 2016
Case Number
68223/15
Procedural Posture
Civil Procedure / Post Final Liquidation Order; Application for Amplification Regarding Costs
Outcome
Application to amplify the final liquidation order to include a costs order is refused. Costs of the application are to be costs in the liquidation and may be taxed.
Judges
Naude
Legal Topics
Liquidation Costs, Insolvency Act Application, Taxation of Costs, Practice Directive Interpretation
Civil Procedure Liquidation Costs Insolvency Act Application Taxation of Costs Practice Directive Interpretation

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Parties

Sectional Poles (Pty) Ltd

Plaintiff

D and Electrical Projects CC

Defendant

Procedural Posture

Civil Procedure / Post Final Liquidation Order; Application for Amplification Regarding Costs

Legal Issues

  1. 1 Whether a specific costs order is required in liquidation proceedings for the Taxing Master to tax costs.
  2. 2 Whether the final liquidation order should be amplified to include a costs order.
  3. 3 Whether reserved costs from a prior postponement should be awarded to the applicant.

Ratio Decidendi

The court held that a specific costs order is not required in liquidation proceedings, as the right to costs arises ex lege from the Insolvency Act. The Taxing Master should not refuse to tax a bill of costs simply because the court order does not expressly mention costs. The request to amplify the final liquidation order to include a costs order was refused. The reserved costs from the previous postponement were not awarded due to lack of evidence, and the order reserving those costs remains in place. The court ordered that the costs of the application, including those pertaining to the 20th and 22nd of June 2016 and the heads of argument, are to be costs in the liquidation and may be...

Court Disposition

Application to amplify the final liquidation order to include a costs order is refused. Costs of the application are to be costs in the liquidation and may be taxed.

Orders

  • The cost of this application, including the costs pertaining to the 20th and 22nd of June 2016 and the heads of argument, are to be costs in the liquidation and may be taxed as part of the costs of the application for liquidation.