Club Mykonos Langebaan Ltd v Langebaan Country Estate Joint Venture and Others (10278/2006) [2008] ZAWCHC 278 (30 October 2008)

Club Mykonos Langebaan Ltd v Langebaan Country Estate Joint Venture and Others (10278/2006) [2008] ZAWCHC 278 (30 October 2008)

The court found that the costs order was not ambiguous. Each party is liable for the costs directly attributable to its conduct, and double recovery is not permitted. Any overlap in costs, such as counsel's fees for the same day in court, is a matter for the taxing master to resolve in the exercise of his discretion. The application for leave to appeal was granted, and the parties' draft order was made an order of court.

Citation
[2008] ZAWCHC 278
Parties
Applicant: Club Mykonos Langebaan Limited; Respondent: The Langebaan Country Estate Joint Venture; Respondent: Owen Wiggins (Langebaan) (Pty) Ltd; Respondent: Bas Four 3632 (Pty) Ltd; Respondent: The Saldanha Bay Municipality; Respondent: The Langebaan Country Estate Homeowners Association; Respondent: The Member of the Executive Council of Transport and Public Works, Western Cape; Respondent: Of Environmental Affairs and Development Planning, Western Cape
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 October 2008
Case Number
10278/2006
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Variation of Costs Order
Outcome
Leave to appeal granted. Application for variation of costs order dismissed. Draft order made an order of court.
Judges
Koen
Legal Topics
Leave to Appeal, Variation of Order, Costs Liability
Civil Procedure Leave to Appeal Variation of Order Costs Liability

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
Sign in to unlock

Parties

Club Mykonos Langebaan Limited

Applicant

The Langebaan Country Estate Joint Venture

Respondent

Owen Wiggins (Langebaan) (Pty) Ltd

Respondent

Bas Four 3632 (Pty) Ltd

Respondent

The Saldanha Bay Municipality

Respondent

The Langebaan Country Estate Homeowners Association

Respondent

The Member of the Executive Council of Transport and Public Works, Western Cape

Respondent

Of Environmental Affairs and Development Planning, Western Cape

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Variation of Costs Order

Legal Issues

  1. 1 Whether leave to appeal should be granted in respect of the previous judgment.
  2. 2 Whether the costs order made in the previous judgment is ambiguous and requires variation.
  3. 3 Whether the liability for costs should be joint and several between the developer and the municipality.

Ratio Decidendi

The court found that the costs order was not ambiguous. Each party is liable for the costs directly attributable to its conduct, and double recovery is not permitted. Any overlap in costs, such as counsel's fees for the same day in court, is a matter for the taxing master to resolve in the exercise of his discretion. The application for leave to appeal was granted, and the parties' draft order was made an order of court.

Court Disposition

Leave to appeal granted. Application for variation of costs order dismissed. Draft order made an order of court.

Orders

  • Leave to appeal is granted.
  • The application for variation of the costs order is dismissed.