Silvermoon Investments 278 CC v Slip Knot Investments 777 (Pty) Ltd (2142/2012) [2013] ZAECGHC 34 (5 April 2013)

Silvermoon Investments 278 CC v Slip Knot Investments 777 (Pty) Ltd (2142/2012) [2013] ZAECGHC 34 (5 April 2013)

The court found that the application for leave to appeal against the execution order was not an irregular step, as the order was notionally appealable given the respondent's claim of irreparable harm. However, the merits of the application for leave to appeal were poor, and the respondent's conduct did not amount to mala fide or vexatious litigation. The further Rule 49(11) order was justified due to the respondent's determination to prevent execution pending the Constitutional Court's decision. Both parties achieved partial success on the now academic merits, and the appropriate costs order was that each party should pay its own costs for the Rule 30 and Rule 49(11) applications. For the...

Citation
[2013] ZAECGHC 34
Parties
Applicant: Silvermoon Investments 278 CC; Respondent: Slip Knot Investments 777 (Pty) Ltd; Respondent: Registrar of Deeds, King Williams Town
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
5 April 2013
Case Number
2142/2012
Procedural Posture
Urgent Application / Costs Determination Following Withdrawal of Application for Leave to Appeal and Constitutional Court Decision
Outcome
Both parties to pay their own costs for the Rule 30 and Rule 49(11) applications; respondent to pay costs of the application for leave to appeal up to and including 7 February 2013, including costs of two counsel up to and including 5 February 2013.
Judges
J M Roberson
Legal Topics
Rule 49 11 Execution Pending Appeal, In Duplum Rule, Mortgage Bond Cancellation, Costs Award, Rule 30 Irregular Step
Civil Procedure Banking and Finance Rule 49 11 Execution Pending Appeal In Duplum Rule Mortgage Bond Cancellation Costs Award Rule 30 Irregular Step

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Parties

Silvermoon Investments 278 CC

Applicant

Slip Knot Investments 777 (Pty) Ltd

Respondent

Registrar of Deeds, King Williams Town

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Withdrawal of Application for Leave to Appeal and Constitutional Court Decision

Legal Issues

  1. 1 Whether the application for leave to appeal against the execution order was an irregular step under Rule 30.
  2. 2 Whether the execution order granted under Rule 49(11) was appealable.
  3. 3 Whether the costs of the Rule 30 and Rule 49(11) applications and the application for leave to appeal should include the costs of two counsel.

Ratio Decidendi

The court found that the application for leave to appeal against the execution order was not an irregular step, as the order was notionally appealable given the respondent's claim of irreparable harm. However, the merits of the application for leave to appeal were poor, and the respondent's conduct did not amount to mala fide or vexatious litigation. The further Rule 49(11) order was justified due to the respondent's determination to prevent execution pending the Constitutional Court's decision. Both parties achieved partial success on the now academic merits, and the appropriate costs order was that each party should pay its own costs for the Rule 30 and Rule 49(11) applications. For the...

Court Disposition

Both parties to pay their own costs for the Rule 30 and Rule 49(11) applications; respondent to pay costs of the application for leave to appeal up to and including 7 February 2013, including costs of two counsel up to and including 5 February 2013.

Orders

  • Each party is to pay its own costs for the Rule 30 and Rule 49(11) applications, including reserved costs from 31 January 2013.
  • The respondent is to pay the costs of the application for leave to appeal up to and including 7 February 2013, including the costs of two counsel up to and including 5 February 2013.