Vastinet (Pty) Ltd v LMC Enterprise (Pty) Ltd (2021/46706) [2023] ZAGPJHC 1349 (21 November 2023)

Vastinet (Pty) Ltd v LMC Enterprise (Pty) Ltd (2021/46706) [2023] ZAGPJHC 1349 (21 November 2023)

The court held that it was not functus officio in respect of the award of costs, as the omission was inadvertent and related to an accessory matter. Established authorities confirm that a court may supplement its order to include costs where such an omission has occurred, provided the substance of the judgment is not altered. The principle that costs follow the result applies, and the plaintiff, as the successful party, is entitled to costs. The supplementary order was therefore granted to reflect the correct position regarding costs.

Citation
[2023] ZAGPJHC 1349
Parties
Applicant: Vastinet (Pty) Ltd; Respondent: LMC Enterprise (Pty) Ltd
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
21 November 2023
Case Number
2021/46706
Procedural Posture
Civil Procedure / Supplementary Order Following Summary Judgment
Outcome
Supplementary order granted: costs awarded to the plaintiff in respect of the summary judgment.
Judges
Thupaatlase
Legal Topics
Summary Judgment, Award of Costs, Functus Officio, Supplementary Orders
Civil Procedure Summary Judgment Award of Costs Functus Officio Supplementary Orders

Case Brief

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Parties

Vastinet (Pty) Ltd

Applicant

LMC Enterprise (Pty) Ltd

Respondent

Procedural Posture

Civil Procedure / Supplementary Order Following Summary Judgment

Legal Issues

  1. 1 Whether the court is functus officio and thus precluded from supplementing its order to include costs.
  2. 2 Whether costs should be awarded to the successful party in a summary judgment.
  3. 3 Whether the omission of costs in the initial order can be rectified by a supplementary order.

Ratio Decidendi

The court held that it was not functus officio in respect of the award of costs, as the omission was inadvertent and related to an accessory matter. Established authorities confirm that a court may supplement its order to include costs where such an omission has occurred, provided the substance of the judgment is not altered. The principle that costs follow the result applies, and the plaintiff, as the successful party, is entitled to costs. The supplementary order was therefore granted to reflect the correct position regarding costs.

Court Disposition

Supplementary order granted: costs awarded to the plaintiff in respect of the summary judgment.

Orders

  • Costs in respect of summary judgment granted on 20 November 2023 are hereby awarded in favour of the plaintiff.
  • The defendant is ordered to pay the plaintiff the sum of R 1 024 025.00.