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South Africa decisions
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Da Costa Bonifacio and Another v Lombard Insurance Company Limited (20/4174) [2023] ZAGPJHC 91 (7 February 2023)
The High Court granted leave to appeal over whether settling a guarantee claim affected third parties’ Rule 13 rights to contest underlying liability.
Mortimer and Others v Nelson Mandela Bay (P469/11) [2014] ZALCPE 19 (30 July 2014)
The Labour Court held that costs are not automatically due by the party withdrawing a matter. Rule 13(1)(b) requires proper notice and grounds for a costs application, which the respondent did not strictly comply with, but substantial compliance was found. The applicants acted reasonably in approaching the court due to unresolved issues regarding the transport allowance and did not act with mala fides or unreasonably. The respondent was not before the court with clean hands, as it had not resolved the underlying dispute. In terms of section 162 of the LRA, fairness dictated that no costs orde…
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