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South Africa Case Law

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Civil Procedure [2008] ZAWCHC 119

Silvercraft Helicopters (Switzerland) Ltd and Another v Zonnnekus Mansion (Pty) Ltd, Silvercraft Helicopters Ltd and Another v Executive Helicopters (Pty) Ltd and Others; Antares International Ltd and Another v Executive Helicopters (Pty) Ltd and Others (11418/2007,14624/2007, 16340/2007)

Silvercraft Helicopters (Switzerland) Ltd and Another v Zonnnekus Mansion (Pty) Ltd, Silvercraft Helicopters Ltd and Another v Executive Helicopters (Pty) Ltd and Others; Antares International Ltd and Another v Executive Helicopters (Pty) Ltd and Others (11418/2007,14624/2007, 16340/2007) [2008] ZAWCHC 119; 2009 (5) SA 602 (C) (27 October 2008)

The court held that while there is an established practice permitting the ordering of security for costs from peregrinus plaintiffs, this is a matter of judicial discretion and not a substantive rule. The court found that ordering security for the full value of the claims in reconvention would be unjust and could amount to a denial of justice, especially where the plaintiffs reside in countries with established legal systems. Instead, the court ordered security for the costs of the claims in reconvention, not for their full value. Regarding the contempt proceedings, the court found no princip…

  • Security For Costs
  • Peregrinus And Incola
  • Claims In Reconvention
  • Contempt Of Court
  • Judicial Discretion
  • Attachment Orders
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