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2023
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[2023] ZAGPJHC 1155
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Total South Africa (Pty) Ltd v Dowraj Service Station CC and Another (16767/2022) [2023] ZAGPJHC 1155 (13 October 2023)
REPUBLIC OF SOUTH
AFRICA
IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE NUMBER:
16767/2022
NOT REPORTABLE
NOT OF INTEREST TO
OTHER JUDGES
REVISED
13.10.23
In the matter between:
TOTAL
SOUTH AFRICA (PTY) LTD
PLAINTIFF
and
DOWRAJ
SERVICE STATION CC
FIRST
DEFENDANT
YESHMIN
HARDUTH
SECOND
DEFENDANT
JUDGMENT
FARBER AJ:
[1] At the
commencement of the hearing counsel on behalf of the Plaintiff
withdrew its application for summary judgment. He
submitted that the
costs of the application ought to be reserved. Counsel on behalf of
the Defendant submitted that it was entitled
to the costs of the
application.
[2] It is well
settled that on the withdrawal of proceedings by a litigant, he is to
be considered as having been unsuccessful
in those proceedings and
thus liable for his adversary’s costs. The Court
nonetheless retains its discretion to proclaim
otherwise (see
Waikiwi
Shipping Co Ltd v Thomas Barlow and Sons (Natal) Ltd
1078 (1) SA
671
AD and
Waste Products Utilisation Pty Ltd v Wilkes
2003
(2) SA 590
(W)).
[3] I see no reason
why I should not apply the general rule. I am in a position to
determine the question of costs and
there is no reason why this
should be left to another Court on some future date. In short
the Plaintiff has not advanced
cogent reasons the reservation of the
costs.
I thus decree that the
costs of the summary judgment application are to be paid by the
Plaintiff.
G
Farber
ACTING
JUDGE OF THE HIGH COURT
Date of Hearing: 11
October 2023
Date of Judgment: 13
October 2023
APPEARANCES
For the Plaintiff:
Adv R Petersen
Instructed
by:
Kapditwala
Incorporated t/a Dentons
For the Defendants:
Adv J Karuaihe
Instructed by:
Des Naidoo &
Associates