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South Africa Case Law

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Civil Procedure [2023] ZAGPJHC 1335

Crowd Tech Limited v Prokas and Others (2019/24387)

Crowd Tech Limited v Prokas and Others (2019/24387) [2023] ZAGPJHC 1335 (15 November 2023)

The High Court ordered Crowd Tech to pay attorney-and-client costs after finding reckless non-disclosure in an ex parte bank-freezing application.

  • Ex Parte Applications
  • Costs Award
  • Attorney Client Scale
  • Duty Of Full Disclosure
  • Ex-parte-applications
  • Attorney-client-costs
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Civil Procedure [2022] ZAGPPHC 910

Westhills 379 Development (Pty) Limited v Buntu Foods (Pty) Ltd (32500/2020)

Westhills 379 Development (Pty) Limited v Buntu Foods (Pty) Ltd (32500/2020) [2022] ZAGPPHC 910 (22 November 2022)

The respondent misled the applicant and the court by denying any intention to vacate the premises while actively securing and signing a new lease elsewhere. This conduct was dishonest and amounted to constructive contempt, causing the applicant to incur unnecessary legal costs in preparing for trial and related applications. The respondent failed to notify the applicant of its actions, and its opposition to the proceedings was a misuse of court process. The court found that the merits of the eviction application had become academic and that it was inappropriate to consider them further. In ex…

  • Punitive Costs Order
  • Eviction Proceedings
  • Attorney Client Scale
  • Constructive Contempt
  • Mootness
  • Costs Discretion
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Labour Law [2020] ZALCCT 1

Maxambele v South African Local Government Bargaining Council and Others (C1221/18)

Maxambele v South African Local Government Bargaining Council and Others (C1221/18) [2020] ZALCCT 1 (31 January 2020)

The Labour Court dismissed a costs-only application and ordered the applicant’s attorney to pay costs de bonis propriis on a party-and-party scale.

  • Costs De Bonis Propriis
  • Abuse Of Process
  • Attorney Client Scale
  • Labour Court Costs
  • Interlocutory Application
  • Costs-de-bonis-propriis
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Civil Procedure [2007] ZAGPHC 192

Botha v Minister of Safety and Security (17088/05)

Botha v Minister of Safety and Security (17088/05) [2007] ZAGPHC 192 (11 September 2007)

The High Court postponed the trial sine die and ordered the defendant to pay wasted costs on an attorney-client scale for grossly inadequate trial preparation.

  • Punitive Costs Order
  • Attorney Client Scale
  • Unlawful Arrest
  • Wasted Costs
  • Professional Ethics
  • Punitive-costs-order
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Civil Procedure [2003] ZASCA 133

De Villiers NO and Another v BoE Bank Ltd. (477/2002)

De Villiers NO and Another v BoE Bank Ltd. (477/2002) [2003] ZASCA 133; [2004] 1 All SA 481 (SCA); 2004 (3) SA 459 (SCA) (28 November 2003)

The Supreme Court of Appeal refused to amend a costs order after judgment, holding it was functus officio because costs had already been argued and decided.

  • Costs Orders
  • Functus Officio
  • Attorney Client Scale
  • Supplementary Orders
  • Functus-officio
  • Costs-orders
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.