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Du Toit N.O obo Nkuna v Road Accident Fund (Leave to Appeal) (545/2010) [2022] ZANCHC 76 (16 November 2022)
The High Court granted leave to appeal on costs issues concerning a Calderbank offer, its wording, and whether the respondent acted unreasonably.
du Toit obo Nkuna v Road Accident Fund (454/2010) [2021] ZANCHC 66 (17 December 2021)
The court found that Rule 34 does not apply to a plaintiff's offer unless the plaintiff is a defendant in reconvention. The plaintiff's offer of 14 October 2020 did not employ the necessary wording to qualify as a proper Calderbank offer, nor did it sufficiently alert the defendant to the risk of a punitive costs order. Even if the offer were admissible, the minimal difference between the offer and the amount awarded did not constitute a fair discount, and the defendant's failure to respond, while unreasonable, did not justify a special costs order. The application for a special costs order w…
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