Kema and Another v National Horseracing Authority and Others (018291) [2014] ZACT 83 (16 October 2014)

30 Reportability
Civil Procedure

Brief Summary

Costs — Withdrawal of application — Applicants withdrew their application without tendering costs — Tribunal ordered that the Applicants are jointly and severally liable for the wasted costs of the Respondents — Costs to be paid on a party and party scale, including the costs of two counsel.

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[2014] ZACT 83
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Kema and Another v National Horseracing Authority and Others (018291) [2014] ZACT 83 (16 October 2014)

COMPETITION
TRIBUNAL OF SOUTH AFRICA
Case
No.: 018291
In
the matter between:
PHINDIWE
ABEGASL
KEMA
............................................................................................................
First
Applicant
AFRICA
RACE GROUP (PTY)
LTD
...............................................................................................
Second
Applicant
and
NATIONAL
HORSERACING
AUTHORITY
.................................................................................
First
Respondent
PHUMELELA
GAMING AND LEISURE
LTD
...........................................................................
Second
Respondent
GOLD
CIRCLE (PTY)
LTD
.............................................................................................................
Third
Respondent
Panel:
Y Carrim (Presiding Member), A Wesseis (Tribunal Member) and M
Mokuena (Tribunal Member)
Heard
on : 16 October 2014
Decided
on : 16 October 2014
COSTS
ORDER
1.
Noting that the Applicant’s withdrew the matter on 15 October
2014 without a tender of costs; and
2.
Having heard the Second and Third Respondents to the application for
costs in terms of Tribunal Rule 50(3)(b), the Tribunal orders
the
following:
2.1.
The First and Second Applicants are jointly and severally liable to
pay the wasted costs of the Second and Third Respondents,
the one
paying the other to be absolved;
2.2.
The wasted costs are to be paid on a party and party scale, including
the costs of two counsel.
17
October 2014
Date
Presiding
Member
Y
Carrim
Concurring:
A Wessels and M Mokuena