University of Mpumalanga v Magma Masemola Attorneys Incorporated and Another (008531/2022) [2023] ZAGPJHC 906 (14 August 2023)
The court found that the issue raised by the applicant was extremely limited and did not warrant the attention of a higher court nor the further incurrence of costs. The costs order was appropriately included in the outcome of the matter, and there was no reasonable prospect that another court would come to a...
Source-derived case information.
- Citation
- [2023] ZAGPJHC 906
- Parties
- Applicant: University of Mpumalanga; Respondent: Magma Masemola Attorneys Incorporated; Respondent: Lilliane Efthmiades
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 008531/2022
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal Against Costs Order
- Outcome
- Application for leave to appeal dismissed with costs.
- Judges
- Wepener
- Legal Topics
- Costs Order, Leave to Appeal, Discretion of Court
Source-derived case record
Summary, issues, holding and outcome
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Parties
University of Mpumalanga
Applicant
Magma Masemola Attorneys Incorporated
Respondent
Lilliane Efthmiades
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Legal Issues
- 1 Whether leave to appeal should be granted in respect of a limited portion of the costs order.
- 2 Whether the costs order was appropriate in the circumstances.
Ratio Decidendi
The court found that the issue raised by the applicant was extremely limited and did not warrant the attention of a higher court nor the further incurrence of costs. The costs order was appropriately included in the outcome of the matter, and there was no reasonable prospect that another court would come to a different conclusion on this issue. Accordingly, leave to appeal was refused.
Court Disposition
Application for leave to appeal dismissed with costs.
Orders
- The application for leave to appeal is dismissed with costs.
Full Case Text
Judgment text and source record
22 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
CASE NO: 008531/2022
DATE: 23-05-2023
NOT REPORTABLE
NOT OF INTEREST TO OTHER JUDGES
REVISED
In the matter between
UNIVERSITY OF MPUMALANGA Applicant and MAGMA MASEMOLA ATTORNEYS INCORPORATED First Respondent LILLIANE EFTHMIADES Second Respondent
J U D G M E N T
LEAVE TO APPEAL
WEPENER, J: This is an application for leave to appeal. It is directed at the costs order only and further it is limited that it is directed at a portion of the cost order only.
The argument is that a certain portion of the costs should either have been paid by each party or by the respondent. That further limits the issue that the applicant wishes to take on appeal.
Such an issue is extremely limited and, in my view, does not warrant the attention and further costs in this matter. It does not warrant the attention of a higher court nor the further incurrence of costs in this matter.
If one has regard to the outcome of the matter, I believe that the costs order was appropriately included therein.
I am not convinced that another court will come to a different conclusion on this extremely limited issue.
The application for leave to appeal is dismissed with costs.
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WEPENER, J
JUDGE OF THE HIGH COURT
DATE: 14/08/23
I wish to record that this judgment was only received by my secretary for editing purposes on the 14th August 2023 at 13:26 and my office did not receive any enquiry regarding this judgment on the application for leave to appeal prior to today.