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Baumann v DB Fine Chemicals (Pty) Ltd and Another (Variation) (2024-032290) [2025] ZAGPPHC 432 (9 May 2025)

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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

CASE NO: 2024-032290

1.       REPORTABLE: YES/ NO

2.       OF INTEREST TO OTHER JUDGES: YES/NO

3.       REVISED: YES / NO

DATE: 09/5/2025

SIGNATURE OF JUDGE:

In the matter between:

 

WERNER BAUMANN                                                                      EXCIPIENT

 

and

 

DB FINE CHEMICALS (PTY) LTD                                    1ST RESPONDENT

 

DION BAUMANN                                                              2ND RESPONDENT

 

In Re:

 

DB FINE CHEMICALS (PTY) LTD                                           1ST PLAINTIFF

 

DION BAUMANN                                                                   2ND PLAINTIFF

 

and

 

WERNER BAUMANN                                                               DEFENDANT

 

JUDGMENT

 

HERSHENSOHN AJ

 

[1]      This is a variation order envisaged in terms of Rule 42(1) (b) of the Uniform Rules of Court relating to the judgment I handed down electronically, by circulation to the parties' legal representatives on 6 May 2025.

 

[2]      The Rule provides that the court may, in addition to any other powers it may have, mero motu rescind or vary an order in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission.[1]

 

[3]      On 7 May 2025, it came to my attention that the order contained in the judgement, did not include the scale of costs awarded to the parties.

 

[4]      In correcting the order of the 6 May 2025 in terms of Rule 42 of the Uniform Rules of Court, I amend the order to read as follows: 

 

           4.1.   The costs awarded in terms of paragraphs 3 and 4 of my order granted on 6 May 2025 are to be party and party costs on scale “B”.

 

 

HERSHENSOHN AJ

ACTING JUDGE OF THE HIGH COURT

 

This Judgment was handed down electronically by circulation to the parties’ and or parties’ representatives by email and by being uploaded to CaseLines. The date and time for the hand down is deemed to be 10h00 on this 9th day of May 2025. 

 

Appearances

Counsel for the Excipient:

Adv. N du Plessis

instructed by

AH Stander & Agenbag Inc

Counsel for the Respondents:

Adv. L Van Gass

Instructed by

Van Greunen and Associates Inc

Date of Hearing:

24 April 2025

Date of Amendment:

9 May 2025


[1] Rule 42(1)(b) of the Uniform Rules of Court.