Venter and Others v Matsepe NO and Others (5719/2019) [2019] ZAFSHC 163 (29 August 2019)

Venter and Others v Matsepe NO and Others (5719/2019) [2019] ZAFSHC 163 (29 August 2019)

The court found that the respondents, as liquidators, acted within their official mandate when opposing the application and there was no evidence of unreasonable or mala fide conduct. The applicants did not seek a punitive costs order nor did they allege any misconduct. Furthermore, the respondents were not joined in their personal capacities in this application, and therefore, the court could not make a costs order against them personally. The application for costs against the respondents in their personal capacities was dismissed.

Citation
[2019] ZAFSHC 163
Parties
Applicant: EM Venter; Applicant: Lechwe Lodge Game Farm (Pty) Ltd; Applicant: SJ Wessels; Respondent: TV Matsepe N.O.; Respondent: OA Noordman N.O.; Respondent: Matsepes Inc.; Respondent: The Master of the High Court; Respondent: Sebastiaan Jacobus Wessels
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
29 August 2019
Case Number
5719/2019
Procedural Posture
Costs Application / Judgment
Outcome
Application dismissed with costs.
Judges
Molitsoane
Legal Topics
Costs Award, Personal Liability of Liquidators, Joinder of Parties
Civil Procedure Costs Award Personal Liability of Liquidators Joinder of Parties

Case Brief

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Parties

EM Venter

Applicant

Lechwe Lodge Game Farm (Pty) Ltd

Applicant

SJ Wessels

Applicant

TV Matsepe N.O.

Respondent

OA Noordman N.O.

Respondent

Matsepes Inc.

Respondent

The Master of the High Court

Respondent

Sebastiaan Jacobus Wessels

Respondent

Procedural Posture

Costs Application / Judgment

Legal Issues

  1. 1 Whether the respondents should be ordered to pay costs in their personal capacities for opposing the interdict application.
  2. 2 Whether the respondents acted outside their mandate or unreasonably in opposing the application.
  3. 3 Whether the respondents were properly joined in their personal capacities for the purposes of a costs order.

Ratio Decidendi

The court found that the respondents, as liquidators, acted within their official mandate when opposing the application and there was no evidence of unreasonable or mala fide conduct. The applicants did not seek a punitive costs order nor did they allege any misconduct. Furthermore, the respondents were not joined in their personal capacities in this application, and therefore, the court could not make a costs order against them personally. The application for costs against the respondents in their personal capacities was dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.