South Africa Case Law

Montcommerce d.o.o. vs Murray and Roberts Ltd (020727/2023)

Montcommerce d.o.o. vs Murray and Roberts Ltd (020727/2023) [2024] ZAGPJHC 357 (12 April 2024)

Court

South Gauteng High Court, Johannesburg

Case number

020727/2023

Judge

Maier-Frawley

The defendant failed to establish a factual basis for its apprehension that the plaintiff would be unable to satisfy a costs order. Mere status as a foreign peregrinus does not automatically entitle the defendant to security for costs. The defendant did not provide evidence of the plaintiff's financial inability or any probability thereof. The plaintiff did not plead poverty or suggest that an order for security would prevent it from pursuing its claims. The balancing exercise required by law, considering fairness and equity, did not justify ordering security for costs in the circumstances. T…

Source excerpt

• Security For Costs
• Peregrinus Company
• Service Level Agreement
• Retention Money
• Counterclaim
• Prescription

Montcommerce v Murray and Roberts Limited (020727/2023)

Montcommerce v Murray and Roberts Limited (020727/2023) [2024] ZAGPJHC 402 (12 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

020727/2023

Judge

Maier-Frawley

The High Court dismissed a defendant’s application for security for costs, holding that foreign peregrinus status alone is not enough without a factual basis for inability to pay.

• Security For Costs
• Peregrinus Company
• Service Level Agreement
• Retention Money
• Counterclaim For Damages
• Security-for-costs