Steyn v Viljoen and Others (1866/2010) [2013] ZAGPJHC 174 (17 July 2013)

Steyn v Viljoen and Others (1866/2010) [2013] ZAGPJHC 174 (17 July 2013)

The court found that the settlement between the parties related solely to the transfer of the property and the payment of outstanding amounts, and did not address the issue of costs. The acceptance of the offer by the applicant did not constitute a compromise that included costs. Since the applicant was successful in obtaining the transfer of the property through the application, costs should follow the result. The first respondent is therefore liable for the costs of the main application, including reserved costs.

Citation
[2013] ZAGPJHC 174
Parties
Applicant: Joey Suzette Steyn; Respondent: Gregory Viljoen; Respondent: ABSA Bank Ltd; Respondent: Registrar of Deeds, Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 July 2013
Case Number
1866/2010
Procedural Posture
Civil Application / Costs Determination After Settlement
Outcome
The first respondent is ordered to pay the costs of the main application, including reserved costs.
Judges
C. J. Claassen
Legal Topics
Costs Award, Transfer of Immovable Property, Compromise and Settlement
Civil Procedure Land and Property Costs Award Transfer of Immovable Property Compromise and Settlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Joey Suzette Steyn

Applicant

Gregory Viljoen

Respondent

ABSA Bank Ltd

Respondent

Registrar of Deeds, Johannesburg

Respondent

Procedural Posture

Civil Application / Costs Determination After Settlement

Legal Issues

  1. 1 Whether the acceptance of the offer by the applicant constituted a compromise including costs of the main application.
  2. 2 Who should be liable for the costs of the application for transfer of property.

Ratio Decidendi

The court found that the settlement between the parties related solely to the transfer of the property and the payment of outstanding amounts, and did not address the issue of costs. The acceptance of the offer by the applicant did not constitute a compromise that included costs. Since the applicant was successful in obtaining the transfer of the property through the application, costs should follow the result. The first respondent is therefore liable for the costs of the main application, including reserved costs.

Court Disposition

The first respondent is ordered to pay the costs of the main application, including reserved costs.

Orders

  • The first respondent must pay the costs of the main application.
  • The first respondent must pay the costs reserved on 7 December 2011.