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Civil Procedure [2023] ZAGPJHC 161

Maluleko v Total SA (Pty) Ltd (2019/16965)

Maluleko v Total SA (Pty) Ltd (2019/16965) [2023] ZAGPJHC 161 (24 February 2023)

The court found that the plaintiff was the successful party following the defendant's concession of liability on the merits. The plaintiff had incurred unnecessary expenses due to the defendant's conduct, including delays and failure to settle earlier. The merits trial is a self-standing stage, and it is fair and just to award costs immediately rather than reserving them for the quantum stage. The plaintiff was entitled to bring the claim in the High Court, and all litigation to date had been conducted there. The court exercised its discretion to award costs on the High Court scale, finding i…

  • Costs Award
  • Party And Party Costs
  • High Court Scale
  • Judicial Discretion On Costs
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