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South Africa decisions
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YAFA Holdings (Pty) Ltd ta Fuel Solutions v Merchant West (Pty) Limited and Others (2024/022707) [2025] ZAGPJHC 344 (31 March 2025)
The High Court granted condonation for late filing but dismissed leave to appeal against a costs order, finding no reasonable prospects of success or exceptional circumstances.
S.A.S v J.M.S (2022/32681) [2025] ZAGPPHC 3 (6 January 2025)
The court found that the respondent, having withdrawn the appeal, is to be treated as an unsuccessful litigant and is liable for the costs of the appeal and the application for leave to appeal. There was no evidence of a compromise between the parties that each would pay their own costs. The correspondence and notices unequivocally reserved the costs to be argued in the main application, and no agreement to the contrary was reached. The argument that the costs issue was res judicata was rejected, as it conflated the main application with the subsequent appeal process. The court exercised its…
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ABSA Bank v Van Zyl (M644/2022) [2023] ZANWHC 152 (29 August 2023)
The court struck ABSA’s application from the roll for being enrolled contrary to an existing postponement order, and ordered ABSA to pay costs.
Road Accident Fund v Delkoro and Another [2023] ZAGPPHC 293; 79368/2018 (2 May 2023)
After the urgent application was withdrawn, the High Court ordered the Road Accident Fund to pay attorney-and-client costs, including two counsel.
Matchett v Pretorius and Others (3119/2022) [2022] ZAKZPHC 60 (12 October 2022)
The court found that the applicant's conduct did not warrant a punitive costs order on an attorney and client scale. The withdrawal of the application was effected promptly after the answering affidavit was filed, and the subsequent setting down of the matter by respondents was solely for the determination of costs. The dispute arose from a domestic relationship and not a purely commercial transaction, and the accusations must be viewed in that context. There was no evidence of dishonesty, fraud, or scandalous matter in the affidavits. The court exercised its discretion and determined that on…
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Superway Construction (Pty) Ltd v Swafo, In re: Swafo v MEC for Roads and Transport, Limpopo and Others (2013/32786) [2017] ZAGPPHC 101 (14 February 2017)
The High Court dismissed an application for an attorney’s cost liability order after finding no proper delivery of a notice of withdrawal under Rule 41.
Brice v Blue Granite Investments NO 2 (Edms) Bpk (5081/2012) [2014] ZAGPPHC 1006 (6 October 2014)
The court found no binding cost settlement after a withdrawal and held the respondent liable for costs, including appeal-related proceedings.
Liberty Group Limited v Bezuidenhout (4072/2010) [2014] ZAKZPHC 16 (4 March 2014)
The court upheld a special plea of res judicata after a default judgment was abandoned but the plaintiff tried to continue the same claim.
Scheepers v Scheepers and Another (270/2008) [2011] ZANWHC 54 (5 May 2011)
The North West High Court held that the first defendant must pay the second defendant’s costs after the plaintiff withdrew the claim against the second defendant.
Charlie v Road Accident Fund (4465/2007) [2010] ZAFSHC 144 (18 November 2010)
The court held that the plaintiff’s late amendment caused the postponement and ordered the plaintiff to pay the wasted costs of 3 August 2010.
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