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South Africa decisions
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Le Bonheur Wine Estate (Pty) Ltd v Stellenbosch Vineyards (Pty) Ltd (17111/2021) [2025] ZAWCHC 260 (20 June 2025)
The court held that subrogation does not transfer procedural rights to an insurer. Le Bonheur could replace its attorneys, and Hollard was joined as co-plaintiff.
Vukile Property Fund Limited v Joli Music (Pty) Ltd t/a Music World (2018/23392) [2025] ZAGPJHC 462 (12 May 2025)
The High Court held that the respondent, having withdrawn its action without tendering costs, must pay the applicant’s costs of the withdrawn action and the costs of this application.
Nmpofu Trading and Projects CC v NTP Logistics (Pty) Ltd and Another (2023/122457) [2024] ZAGPJHC 1038 (14 October 2024)
The High Court held that a withdrawn action over misappropriated funds justified no costs order against the respondent, and each party was to bear its own costs.
Mathibeli v Dippenaar & Crous Attorneys (A179/2023) [2024] ZAFSHC 304 (19 September 2024)
The High Court dismissed a civil appeal as moot after the respondent had withdrawn the action under Rule 27(2), leaving no live dispute.
Silo v Nompozolo & Gabelana Incorporated and Others (EL785/09; 2685/09) [2023] ZAECELLC 17 (25 April 2023)
The High Court held that a defective action brought without locus standi could not be ratified, and ordered the plaintiff’s attorney to pay costs de bonis propriis.
N.C.S v Nompozolo and Gabelana Incorporated and Others (EL 785/09) [2023] ZAECELLC 7 (25 April 2023)
The court found that the lack of locus standi by Ms S[...] could not be retrospectively ratified by the curator ad litem, as actions instituted without proper authority are void ab initio and cannot be validated. The curator's powers did not extend to conferring standing where none existed, nor did the order of Dolamo J operate retrospectively to cure the defect. The plaintiff's attorney, Mr Niehaus, was aware of the lack of standing from at least 19 September 2016, yet continued the litigation until its withdrawal in March 2023, despite advice from the curator ad litem to withdraw. The attor…
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Thanda Manzi CC t/a River Place v Guardrisk Insurance Company Limited and Another (22179/16 ; 953214/16) [2022] ZAGPPHC 538 (22 June 2022)
Costs ruling after withdrawal of an insurance dispute: the court split costs by period, awarding the insurer attorney-and-client costs after disclosure of reports.
SIU v Legodi and Others (Application to strike out Schmahl and Another v SIU) (LP/01/2020) [2022] ZAST 9 (28 April 2022)
The Tribunal held that withdrawal of particulars of claim did not withdraw the whole action, but the SIU had to comply with the prior amendment order.
Twala v ABSA Bank Limited (17/2588) [2022] ZAGPJHC 185 (30 March 2022)
The High Court dismissed a costs application after finding both sides had contributed to prolonging withdrawn litigation, ordering each party to pay its own costs.
Maninjwa v Velocity Finance (RF) Limited (5589/21) [2021] ZAGPPHC 666 (15 October 2021)
The court found that the respondent's conduct in amending its particulars of claim while an exception was pending constituted a disregard for court processes, justifying a punitive costs order on an attorney and client scale for those steps. However, the initial defective particulars of claim and the withdrawal of the first action did not warrant a punitive scale, and costs for those steps were awarded on a party and party scale. The court held that a tender for costs is not equivalent to a court order where the scale and items are disputed, and a court order is necessary before taxation. The…
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