S.A.S v J.M.S (2022/32681)
S.A.S v J.M.S (2022/32681) [2025] ZAGPPHC 3 (6 January 2025)
The court found that the respondent, having withdrawn the appeal, is to be treated as an unsuccessful litigant and is liable for the costs of the appeal and the application for leave to appeal. There was no evidence of a compromise between the parties that each would pay their own costs. The correspondence and notices unequivocally reserved the costs to be argued in the main application, and no agreement to the contrary was reached. The argument that the costs issue was res judicata was rejected, as it conflated the main application with the subsequent appeal process. The court exercised its…
Source excerpt
- Withdrawal Of Appeal
- Costs Liability
- Curator Ad Litem
- Rule 41
- Minor Children