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High Court of South Africa North Gauteng, Pretoria

The Gauteng Division of the High Court of South Africa is a superior court of law which has general jurisdiction over the South African province of Gauteng and the eastern part of North West province. The main seat of the division is at Pretoria, while a local seat at Johannesburg has concurrent jurisdiction over the southern parts of Gauteng.

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1 judgment

Citation	Judgment date
July 2021
Pienaar NO v Silver Lake Home Owners Association NPC (A391/2019) [2021] ZAGPPHC 8 (12 July 2021) Whether a withdrawal notice with a costs tender bars the court from exercising its discretion to award higher costs. Magistrates' Court Rule 27(3) — interpretation — purposive approach; notice of withdrawal containing a costs consent does not automatically oust the court's discretion to award a different scale of costs; slavish literal application unlawful; courts retain overriding discretion to determine costs; attorney-and-client costs may be awarded despite a tender of party-and-party costs.	12 July 2021

Citation

Judgment date

July 2021

Pienaar NO v Silver Lake Home Owners Association NPC (A391/2019) [2021] ZAGPPHC 8 (12 July 2021)

Whether a withdrawal notice with a costs tender bars the court from exercising its discretion to award higher costs.

Magistrates' Court Rule 27(3) — interpretation — purposive approach; notice of withdrawal containing a costs consent does not automatically oust the court's discretion to award a different scale of costs; slavish literal application unlawful; courts retain overriding discretion to determine costs; attorney-and-client costs may be awarded despite a tender of party-and-party costs.

12 July 2021