Cheetah Chrome South Africa (Pty) Ltd v Dilokong Chrome Mine (Pty) Limited and Others (45259/2020) [2020] ZAGPPHC 636 (29 October 2020)

Cheetah Chrome South Africa (Pty) Ltd v Dilokong Chrome Mine (Pty) Limited and Others (45259/2020) [2020] ZAGPPHC 636 (29 October 2020)

The court reconsidered its provisional costs order after receiving representations from the first respondent. It accepted the respondents' arguments that the applicant should pay the costs occasioned by the amendments, including the costs of two counsel, as these were necessitated by the applicant's actions. The remaining costs, specifically those relating to urgency and section 133 of the Companies Act, were ordered to be costs in the cause of the application, meaning they will be determined at the conclusion of the main application. The previous order was amended accordingly.

Citation
[2020] ZAGPPHC 636
Parties
Applicant: Cheetah Chrome South Africa (Pty) Ltd; Respondent: Dilokong Chrome Mine (Pty) Limited; Respondent: Johannes Frederick Klopper N.O.; Respondent: Christopher Raymond Rey N.O.; Respondent: Jubilee Tailings Treatment Company (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 October 2020
Case Number
45259/2020
Procedural Posture
Civil Application / Costs Order
Outcome
The applicant is ordered to pay the costs occasioned by the amendments, including the costs of two counsel. The remaining costs in relation to the issue of urgency and section 133 of the Companies Act are costs in the cause of the application.
Judges
Fabricius
Legal Topics
Costs Order, Business Rescue, Amendment of Pleadings, Urgency, Companies Act Section 133
Civil Procedure Commercial and Corporate Costs Order Business Rescue Amendment of Pleadings Urgency Companies Act Section 133

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Parties

Cheetah Chrome South Africa (Pty) Ltd

Applicant

Dilokong Chrome Mine (Pty) Limited

Respondent

Johannes Frederick Klopper N.O.

Respondent

Christopher Raymond Rey N.O.

Respondent

Jubilee Tailings Treatment Company (Pty) Ltd

Respondent

Procedural Posture

Civil Application / Costs Order

Legal Issues

  1. 1 Whether the applicant should bear the costs occasioned by the amendments to the application.
  2. 2 How costs relating to urgency and section 133 of the Companies Act should be allocated.

Ratio Decidendi

The court reconsidered its provisional costs order after receiving representations from the first respondent. It accepted the respondents' arguments that the applicant should pay the costs occasioned by the amendments, including the costs of two counsel, as these were necessitated by the applicant's actions. The remaining costs, specifically those relating to urgency and section 133 of the Companies Act, were ordered to be costs in the cause of the application, meaning they will be determined at the conclusion of the main application. The previous order was amended accordingly.

Court Disposition

The applicant is ordered to pay the costs occasioned by the amendments, including the costs of two counsel. The remaining costs in relation to the issue of urgency and section 133 of the Companies Act are costs in the cause of the application.

Orders

  • The applicant is ordered to pay the costs occasioned by the amendments, including the costs of two counsel.
  • The remaining costs in relation to the issue of urgency and section 133 of the Companies Act are costs in the cause of the application.