Wraypex (Pty) Ltd v Barnes and Others (25173/05, 30729/05, 32648/05, 32649/05) [2011] ZAGPPHC 20; 2011 (3) SA 205 (GNP) (11 February 2011)

Wraypex (Pty) Ltd v Barnes and Others (25173/05, 30729/05, 32648/05, 32649/05) [2011] ZAGPPHC 20; 2011 (3) SA 205 (GNP) (11 February 2011)

The court found that the plaintiff's claims were vexatious and constituted an abuse of process, resembling a SLAPP suit aimed at punishing the defendants for their opposition to the plaintiff's development project. The amounts claimed were extravagant and unsupported by evidence, and the statements complained of were published to very limited audiences, causing no proven loss or delay. The litigation was purposeless and unnecessarily costly for the defendants. The court exercised its discretion to award costs against the plaintiff on the attorney and client scale, including the costs of two counsel and the wasted costs occasioned by the postponement of hearings. Gerhard van Wele was...

Citation
[2011] ZAGPPHC 20
Parties
Plaintiff: Wraypex (Pty) Ltd; Defendant: Barnes, Arthur and Others
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
11 February 2011
Case Number
25173/05, 30729/05, 32648/05, 32649/05
Procedural Posture
Civil Trial / Post Merits Costs Determination
Outcome
Plaintiff's claims dismissed; costs awarded against plaintiff on attorney and client scale.
Judges
Sapire AJ
Legal Topics
Costs Award, Vexatious Litigation, Defamation, Attorney and Client Scale, Slapp Suit
Civil Procedure Delict Costs Award Vexatious Litigation Defamation Attorney and Client Scale Slapp Suit

Case Brief

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Parties

Wraypex (Pty) Ltd

Plaintiff

Barnes, Arthur and Others

Defendant

Procedural Posture

Civil Trial / Post Merits Costs Determination

Legal Issues

  1. 1 Whether the defendants are entitled to costs on the attorney and client scale.
  2. 2 Whether the litigation was vexatious or constituted a SLAPP suit.
  3. 3 Whether the amounts claimed by the plaintiff were reasonable and bona fide.

Ratio Decidendi

The court found that the plaintiff's claims were vexatious and constituted an abuse of process, resembling a SLAPP suit aimed at punishing the defendants for their opposition to the plaintiff's development project. The amounts claimed were extravagant and unsupported by evidence, and the statements complained of were published to very limited audiences, causing no proven loss or delay. The litigation was purposeless and unnecessarily costly for the defendants. The court exercised its discretion to award costs against the plaintiff on the attorney and client scale, including the costs of two counsel and the wasted costs occasioned by the postponement of hearings. Gerhard van Wele was...

Court Disposition

Plaintiff's claims dismissed; costs awarded against plaintiff on attorney and client scale.

Orders

  • Costs in all four matters are awarded against the Plaintiff to be taxed on the scale as between attorney and client and to include the costs occasioned by the employment of two counsel.
  • The wasted costs occasioned by the postponement of the hearing in all four matters in 2009 are to be paid by the Plaintiff and to be taxed as between attorney and client and including the costs of two counsel.