Time Clothing (Pty) Ltd v School Stuff (Pty) Ltd and Another (67942/2013) [2018] ZAGPPHC 754 (28 February 2018)

Time Clothing (Pty) Ltd v School Stuff (Pty) Ltd and Another (67942/2013) [2018] ZAGPPHC 754 (28 February 2018)

The court found that the agreement relied upon by the respondent was discovered well before trial and was known to both parties. The applicant was not prejudiced by the amendment, as the document was available for inspection and preparation. The discretion regarding costs was properly exercised by the trial court, and the facts did not warrant interference by an appellate court. The applicant's argument that the costs were wasted due to late amendment was rejected, as the applicant had the opportunity to address the agreement prior to trial. No reasonable prospects exist that another court would reach a different conclusion regarding the costs order.

Citation
[2018] ZAGPPHC 754
Parties
Plaintiff: Time Clothing (Pty) Ltd; Defendant: School Stuff (Pty) Ltd; Defendant: Izak Johannes Croukamp
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
28 February 2018
Case Number
67942/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Application for leave to appeal is dismissed with costs.
Judges
Tlhapi VV
Legal Topics
Costs Award, Withdrawal of Counterclaim, Contractual Prescription, Amendment of Pleadings
Civil Procedure Commercial and Corporate Costs Award Withdrawal of Counterclaim Contractual Prescription Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Time Clothing (Pty) Ltd

Plaintiff

School Stuff (Pty) Ltd

Defendant

Izak Johannes Croukamp

Defendant

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether the trial court erred in awarding costs against the applicant in respect of the counterclaim.
  2. 2 Whether the late amendment and discovery of the agreement prejudiced the applicant and resulted in wasted costs.
  3. 3 Whether the discretion regarding costs was properly exercised by the trial court.

Ratio Decidendi

The court found that the agreement relied upon by the respondent was discovered well before trial and was known to both parties. The applicant was not prejudiced by the amendment, as the document was available for inspection and preparation. The discretion regarding costs was properly exercised by the trial court, and the facts did not warrant interference by an appellate court. The applicant's argument that the costs were wasted due to late amendment was rejected, as the applicant had the opportunity to address the agreement prior to trial. No reasonable prospects exist that another court would reach a different conclusion regarding the costs order.

Court Disposition

Application for leave to appeal is dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.