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Civil Procedure [2013] ZAGPJHC 44

Absa Bank Ltd and Others v Robb (A3030/2012)

Absa Bank Ltd and Others v Robb (A3030/2012) [2013] ZAGPJHC 44; 2013 (3) SA 402 (GSJ); [2013] 3 All SA 322 (GSJ) (14 March 2013)

The magistrate misdirected himself by applying an incorrect test for costs, focusing solely on the statutory status of the respondent rather than considering whether exceptional circumstances existed to deprive the appellants of their costs. The respondent failed to properly apply the statutory standards for debt review, did not provide adequate documentary evidence, and withdrew the application only on the eve of the hearing, causing unnecessary costs. The general rule is that costs follow the result when proceedings are withdrawn, and there was no exceptional circumstance justifying a depar…

  • Costs Award Against Statutory Functionary
  • Debt Review
  • National Credit Act
  • Withdrawal Of Application
  • Judicial Discretion In Costs
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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.