South Africa Case Law

V.N N.O (obo Estate late JCLT L[...]) v MEC for Health: Northern Cape Province (CA&R 68/2023)

V.N N.O (obo Estate late JCLT L[...]) v MEC for Health: Northern Cape Province (CA&R 68/2023) [2025] ZANCHC 37; [2025] 3 All SA 552 (NCK) (2 May 2025)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 68/2023

Judges

Tlaletsi JP, Mamosebo ADJP, Lever J

The Full Court found that the plaintiff had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act, given the ongoing medical needs of J[...] and the agreement between the parties regarding costs. The defendant failed to show it would suffer irreparable harm if the order was enforced. The court held that the plaintiff's secret offer was reasonable and exceeded by the final award, and the defendant acted unreasonably in refusing it. The court a quo misdirected itself by not affording the parties an opportunity to be heard and by focus…

Source excerpt

• Medical Negligence
• Section 18 Superior Courts Act
• Calderbank Offer
• Costs Reconsideration
• Attorney And Client Costs
• Quantum Of Damages

Du Toit N.O obo Nkuna v Road Accident Fund (CA&R45/2023)

Du Toit N.O obo Nkuna v Road Accident Fund (CA&R45/2023) [2024] ZANCHC 78; [2024] 4 All SA 476 (NCK) (23 August 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R45/2023

Judges

Phatshoane, Nxumalo, Tyuthuza

High Court appeal on costs after a Calderbank offer. The court held the RAF unreasonably failed to engage and ordered attorney-and-client costs from the offer date.

• Costs Orders
• Calderbank Offer
• Attorney And Client Costs
• Rule 34 Uniform Rules
• Reconsideration Of Costs
• Calderbank-offer

Tekete and Others v Minister of Safety and Security - Quantum Judgment (8042/2007)

Tekete and Others v Minister of Safety and Security - Quantum Judgment (8042/2007) [2024] ZAWCHC 144; 2024 (5) SA 325 (WCC) (22 May 2024)

Court

Western Cape High Court, Cape Town

Case number

8042/2007

Judge

Andrews AJ

The court awarded damages for loss of support and funeral expenses, and ordered party-and-party costs, with counsel fees after 12 April 2024 taxed on Scale B.

• Loss Of Support
• Quantum Of Damages
• Calderbank Offer
• Costs Award
• Rule 67a Uniform Rules
• Loss-of-support

Du Toit N.O obo Nkuna v Road Accident Fund (Leave to Appeal) (545/2010)

Du Toit N.O obo Nkuna v Road Accident Fund (Leave to Appeal) (545/2010) [2022] ZANCHC 76 (16 November 2022)

Court

Northern Cape High Court, Kimberley

Case number

545/2010

Judge

Eillert

The High Court granted leave to appeal on costs issues concerning a Calderbank offer, its wording, and whether the respondent acted unreasonably.

• Costs Orders
• Calderbank Offer
• Rule 34
• Leave To Appeal
• Punitive Costs
• Leave-to-appeal

du Toit obo Nkuna v Road Accident Fund (454/2010)

du Toit obo Nkuna v Road Accident Fund (454/2010) [2021] ZANCHC 66 (17 December 2021)

Court

Northern Cape High Court, Kimberley

Case number

454/2010

Judge

A Eillert

The court found that Rule 34 does not apply to a plaintiff's offer unless the plaintiff is a defendant in reconvention. The plaintiff's offer of 14 October 2020 did not employ the necessary wording to qualify as a proper Calderbank offer, nor did it sufficiently alert the defendant to the risk of a punitive costs order. Even if the offer were admissible, the minimal difference between the offer and the amount awarded did not constitute a fair discount, and the defendant's failure to respond, while unreasonable, did not justify a special costs order. The application for a special costs order w…

Source excerpt

• Costs Orders
• Calderbank Offer
• Rule 34
• Attorney And Client Costs

Van Reenen v Lewis and Another (2302/2014)

Van Reenen v Lewis and Another (2302/2014) [2019] ZAFSHC 55 (14 May 2019)

Court

Free State High Court, Bloemfontein

Case number

2302/2014

Judge

Naidoo

The court found that the second defendant's conduct in defending the matter was vexatious in effect, as it failed to candidly engage with the facts, avoided answering pertinent questions, and rejected reasonable settlement offers. The second defendant's shifting defence and refusal to settle unnecessarily protracted the litigation and escalated costs for both the plaintiff and the first defendant. The court held that this justified a departure from the general rule on costs, awarding the plaintiff attorney and client costs from the date of the first Calderbank offer (17 August 2018). The firs…

Source excerpt

• Costs Awards
• Attorney And Client Scale
• Vexatious Litigation
• Hospital Liability
• Calderbank Offer