Van Ryn Gold Mines Estate Ltd v Cooper [1911] ZATPD 7 (9 February 1911)

Practice - Stay - Vexatious Proceedings - Unpaid costs - Staying Issue of Process

Where a party to certain proceedings has been ordered to pay the costs thereof, the Court will stay further proceedings instituted by him until the said costs have been paid, provided that such further proceedings cover substantially the same grounds as the former ones, and have been brought vexatiously.

Semble, that the Court has no power at common law to stay the issue of a summons on the ground that proceedings thereunder will be vexatious.