Van Zyl v Van Der Merwe (83/89) [1991] ZASCA 44 (28 March 1991)

Van Zyl v Van Der Merwe (83/89) [1991] ZASCA 44 (28 March 1991)

The Supreme Court of Appeal considered the written submissions of both parties regarding the costs order. The court found that, in the circumstances of the case, it was just and equitable that each party should bear their own costs. The previous costs order made by the trial court, as amended by the court a quo, was set aside and replaced with an order that each party pay their own costs.

Citation
[1991] ZASCA 44
Parties
Appellant: Johannes Jacobus van Zyl; Respondent: Johannes Andreas van der Merwe
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 March 1991
Case Number
83/89
Procedural Posture
Civil Appeal / Costs Determination After Appeal
Outcome
The costs order of the trial court, as amended by the court a quo, is set aside and replaced with an order that each party pay their own costs.
Judges
Joubert, Botha, Eksteen, F H Grosskopf, Nienaber
Legal Topics
Costs Award, Party and Party Costs
Civil Procedure Costs Award Party and Party Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Johannes Jacobus van Zyl

Appellant

Johannes Andreas van der Merwe

Respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal

Legal Issues

  1. 1 Should the costs order of the trial court, as amended by the court a quo, be upheld or replaced?
  2. 2 What is the appropriate costs order in the circumstances of this case?

Ratio Decidendi

The Supreme Court of Appeal considered the written submissions of both parties regarding the costs order. The court found that, in the circumstances of the case, it was just and equitable that each party should bear their own costs. The previous costs order made by the trial court, as amended by the court a quo, was set aside and replaced with an order that each party pay their own costs.

Court Disposition

The costs order of the trial court, as amended by the court a quo, is set aside and replaced with an order that each party pay their own costs.

Orders

  • Each party shall pay their own costs.