Category: punitive costs

Staying execution sale: Final or interim relief

SA Municipal Workers’ Union National Provident Fund v Kopanong Local Municipality    Staying execution sale was intended to be an interim order and the high court had no power to effectively create a contract for the parties...

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Personal indemnity exceeded: Bad faith accepted

Public Protector v SA Reserve Bank Personal indemnity exceeded and Constitutional Court confirmed that the Public Protector acted in bad faith and held that in any event, the ambit of the immunity afforded under section 5(3) is...

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Process abuse punished: Business rescue and costs

Van Staden NO v Pro-Wiz (Pty) Ltd Process abuse punished because the SCA was satisfied that a punitive costs order was appropriate because the purpose behind the business rescue application was not to achieve either...

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Abominable abusive action: Punitive costs awarded

Moyane v Ramaphosa Abominable abusive action and allegations attacking the integrity of a number of important national figures suitably punished with an award of costs on a punitive scale. “The primary relief that...

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Punitive costs awarded: Leave to appeal refused

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Selection criteria examined: Operational needs trump LIFO

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Technical point-taking: Inhibits access to justice

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Hopeless cases: Warning to practitioners about punitive orders

Essence Severe warning from labour court to all those who enjoy right of appearance in the labour court to refrain from pursuing  hopeless cases on pain of punitive orders for costs or forfeiting fees Decision Mashishi v Mdladla...

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Biowatch principle: excludes frivolous or vexatious litigation

Essence The High Court was actively misled to grant an interim order and the party lowered its ethical and professional standards in pursuit of a cause and cannot invoke the Biowatch principle to escape liability for costs....

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Awarding of costs: Apportionment between parties

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Discretion to award punitive costs considered

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Costs in labour court: LRA s162 interpreted and applied

The labour court is not confined to resolving disputes relating only to unfairness.  It also has the power to determine disputes based on unlawfulness, provided they are related to employment contracts.  The labour court has a...

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