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Joubert v Meyer (51155/2014) [2017] ZAGPPHC 586 (13 September 2017)
Post-trial rule 34 application correcting a damages award and revisiting costs after a defendant’s settlement offer exceeded the final award.
Claassens v Swart (67069/2015) [2017] ZAGPPHC 574 (1 September 2017)
The court amended a costs order after finding a valid Rule 34 offer had been ignored at trial. Costs were shifted from the offer date, but a reserved counsel fee was disallowed.
Road Accident Fund v Mashala (A474/2012) [2014] ZAGPPHC 554 (25 July 2014)
The court held that the offer of settlement made by the appellant, although not sounding in money, was competent under Rule 34(1) and the common law. The separation of liability and quantum in litigation, particularly in Road Accident Fund matters, means that offers relating to liability may not be in precise monetary terms but are nonetheless ascertainable and valid. Interpreting Rule 34(1) as requiring only monetary offers would undermine its rationale and encourage unnecessary litigation. The court found that the discretion exercised by the court a quo was based on an incorrect principle,…
Source excerpt
Singh and Another v Ebrahim (8027/2004) [2008] ZAKZHC 113 (15 December 2008)
The court reconsidered costs after a Rule 34 settlement offer exceeded the judgment amount and ordered costs to shift against the plaintiffs from the offer date.
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