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Cited documents 3
Judgment
2Act
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Dispute Resolution and Mediation
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Documents citing this one 5
Judgment
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Administrative law – non-compliance with s 217 of the Constitution - contracts set aside. Civil procedure – s 16(2)(a) of Superior Courts Act 10 of 2013 – decision on appeal having no practical effect - no live issue other than costs – no exceptional circumstances justifying a hearing on costs. |
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Tender of seized files rendered Anton Piller appeal moot, but the unargued high court costs order was set aside.
Anton Piller orders – search and seizure for preservation of evidence – tender of files may render relief moot; Mootness – s 16(2)(a) Superior Courts Act – appeal dismissal where decision would have no practical effect; Costs – reservation of costs in interim order; exceptional circumstances to consider and set aside unargued costs order; striking from roll.
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Superior Courts Act 10 of 2013 – s 16(2)(a)(i) – relief sought on appeal |
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Leave to appeal refused: no exceptional circumstances to disturb costs order after substantive claim was abandoned.
Costs — leave to appeal — s 17(1) Superior Courts Act — appeals against costs orders require exceptional circumstances — judicial discretion on costs — practical effect where substantive claim abandoned.
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Substantive appeal rendered moot by completion certificate, but appellate court may decide outstanding reserved costs as exceptional circumstances.
Superior Courts Act s 16(2) – mootness and practical effect of appeals; reserved costs – failure to exercise judicial discretion as exceptional circumstances permitting appellate interference; wasted costs for late disclosure of completion certificate; limits on declaratory relief under s 172 when matter is academic.
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