Monastery Diamond Mining Corporation (Pty) Ltd. v Schimper and Others (144/85)
Monastery Diamond Mining Corporation (Pty) Ltd. v Schimper and Others (144/85) [1986] ZASCA 93 (17 September 1986)
The Supreme Court of Appeal held that the apportionment of costs by the court a quo was justified and should not be disturbed. The court found that the furrow issue was of minor importance and that the majority of the proceedings related to the interdicts sought by the Schimpers. The issues raised by the parties were interrelated, and a composite order for costs was appropriate. The Schimpers were substantially successful, having obtained a permanent interdict restraining the company from mining outside the designated areas and the striking out of the company's attorney's affidavit. The compa…
Source excerpt
- Mineral Rights Lease
- Interdict
- Costs Apportionment
- Precious Stones Act
- Extra Statutory Permission