South Africa Case Law

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15)

Sectional Poles (Pty) Ltd v D and Electrical Projects CC (68223/15) [2016] ZAGPPHC 522 (24 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

68223/15

Judge

Naude

The court held that a specific costs order is not required in liquidation proceedings, as the right to costs arises ex lege from the Insolvency Act. The Taxing Master should not refuse to tax a bill of costs simply because the court order does not expressly mention costs. The request to amplify the final liquidation order to include a costs order was refused. The reserved costs from the previous postponement were not awarded due to lack of evidence, and the order reserving those costs remains in place. The court ordered that the costs of the application, including those pertaining to the 20th…

Source excerpt

• Liquidation Costs
• Insolvency Act Application
• Taxation Of Costs
• Practice Directive Interpretation

First National Bank v Lukhele and seven other cases (01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16)

First National Bank v Lukhele and seven other cases (01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16) [2016] ZAGPPHC 616 (16 May 2016)

Court

North Gauteng High Court, Pretoria

Case number

01.16; 32.16; 33.16; 35.16; 40.16; 84.16; 89.16; 107.16

Judge

M F Legodi

High Court struck eight default judgment applications from the roll after finding the cases were issued in the wrong circuit court and that forum shopping undermined access to justice.

• Forum Selection
• Default Judgment
• Personal Jurisdiction
• National Credit Act
• Access To Courts
• Practice Directive Interpretation