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THE REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

[WESTERN CAPE DIVISION, CAPE TOWN]

 

REPORTABLE

CASE NO:  A212/2022

 

Before  ALLIE, J  et  SALIE, J  et  MANGCU-LOCKWOOD, J

Hearing:   17 July 2023; 1 February 2024

Reasons for Rule 42(1) Order:  19  February 2024

 

In the matter between:
THE BODY CORPORATE OF MERRIMAN COURT	1st Appellant
CLAIRE ELIZABETH BLAHA	2nd Appellant
CHARLES ERIC LEONG SON	3rd Appellant
WENDY-LEE DE GOEDE	4th Appellant
ISTVAN GYONGY	5th Appellant
And
JOHANNES WESSEL GREEFF	Respondent

 

REASONS FOR RULE 42(1) ORDER ELECTRONICALLY

DELIVERED ON 19 FEBRUARY 2024

 

ALLIE, J:

 

1.               In this Full Bench Appeal, counsel for the Appellants in the penultimate paragraph of his Heads of Argument sought the setting aside of the orders of the court a quo and the dismissal of the application before the court a quo with costs.

 

2.               Clearly, no order concerning the costs of the appeal were made.

 

3.               In light of the Appellants having been successful and it having been upheld, I am of the view that the costs of the appeal ought to follow the result.

 

4.               Therefore, in terms of Rule 42(1) (b) of the Uniform Rules of this Court, I am of the view that the order in the judgment delivered on 13 February 2024, ought to be varied as follows in order to make clear our decision concerning the costs of the appeal.

 

5.               By adding in paragraph 4 of the order which reads as follows:

“4. The respondent shall bear the costs of the appeal.”

 

IT IS ORDERED THAT:

“4. The respondent shall bear the costs of the appeal.”

 

Therefore the new order of the judgment that was given on 13 February 2024 reads as follows:

 

1.               The appeal is upheld;

2.               The orders of the court a quo dated 15 September 2021 and 16 March 2022 are set aside;  and

3.               The respondent’s application is dismissed with costs.

4.               The respondent shall bear the costs of the appeal.”

 

JUDGE R. ALLIE

 

SALIE, J:

 

I agree.

 

JUDGE G. SALIE

 

MANGCU-LOCKWOOD, J:

 

I agree.

 

JUDGE N. MANGCU-LOCKWOOD

 

CASE NO:  A212/2022

 

Before  ALLIE, J  et  SALIE, J  et  MANGCU-LOCKWOOD, J

Hearing:   17 July 2023; 1 February 2024

Reasons for Rule 42(1) Judgment Delivered: 19 February 2024

 

In the matter between:
THE BODY CORPORATE OF MERRIMAN COURT	1st Appellant
CLAIRE ELIZABETH BLAHA	2nd Appellant
CHARLES ERIC LEONG SON	3rd Appellant
WENDY-LEE DE GOEDE	4th Appellant
ISTVAN GYONGY	5th Appellant
And
JOHANNES WESSEL GREEFF	Respondent

 

For the Appellant	Adv PA Corbett SC
Instructed by	Van Rensburg & Co  (Ref: Leon van Rensburg)
For Respondent	Adv Adv RG Patrick
Instructed by	Maurice Phillips Wisenberg  (Ref: Hein Lombaard)

Date(s) of Hearing: 17 July 2023;  1 February 2024

 

Judgment delivered on:19  February 2024

 

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