Ellison v Breytenbach NO and Others (Amended Ruling on Costs in the Application for Leave to Appeal) (84994/2019) [2022] ZAGPPHC 616 (14 October 2022)


REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA



(1) REPORTABLE: NO

(2) OF INTEREST TO OTHER JUDGES:NO

(3) REVISED

14 October 2022

DATE SIGNATURE










CASE NO: 84994/2019


In the matter between: -




CLIVE MALCOLM ELLISON

Applicant





And






MARHINUS JACOBUS DEWALD BREYTENBACH N.O.

First Respondent





RICHRD HICKEN N.O.

(In their capacity as Joint Trustees of

CLIVE MALCOLM ELLISON)

Second Respondent





CITY OF TSHWANE

Third Respondent






This judgment is issued by the Judge whose name is reflected herein and is submitted electronically to the parties/their legal representatives by email. The judgment is further uploaded to the electronic file of this matter on CaseLines by the Judge or her Secretary. The date of this judgment is deemed to be 14 October 2022.



AMENDED RULING ON COSTS IN THE APPLICATION FOR LEAVE TO APPEAL





[1] On 3 October 2022, I granted the applicant leave to appeal to the Full Court of the Gauteng Division.



[2] The order I made at the time read as follows:

“10.1 Leave to appeal is granted to the Full Court of the Gauteng Division with costs.”



[3] In granting the applicant leave to appeal, I should have awarded costs to read “costs in the appeal” instead of granting leave “with costs.”



[4] The costs so awarded by me, was clearly a patent error in terms of Rule 42(1)(b) and same at the request of the applicant and by agreement with the respondent is accordingly corrected in terms of the rule.


[5] Annexed, please find a copy of the amended Judgment.


_________

COLLIS C

JUDGE OF THE HIGH COURT

GAUTENG DIVISION


APPEARANCES


Counsel for Applicant : Adv. CB Ellis

Instructed by : Jacobson and Levy Inc. Attorneys

Counsel for Respondents : Adv. L Hollander

Instructed by : Serfontein, Viljoen

and Swart Attorneys

Date of Hearing :07 September 2022

Date of Ruling :14 October 2022

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