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[2026] ZAGPJHC 578
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Crimson King Properties 97 (Pty) Ltd v Goodman and Others (100759/2025) [2026] ZAGPJHC 578 (21 May 2026)
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IN THE HIGH COURT OF
SOUTH AFRICA
GAUTENG DIVISION,
JOHANNESBURG
CASE
NO
: 100759/2025
DATE
:
21-05-2026
(1)
REPORTABLE: NO
(2) OF INTEREST TO
OTHER JUDGES : NO
(3)
REVISED
SIGNATURE
DATE: 21 May 2026
In the matter between
CRIMSON KING PROPERTIES
97 (PTY) LTD
Applicant
and
GOODMAN,
KATERINE ELLEN
& TWO OTHERS
Respondents
JUDGMENT
EX TEMPORE
WILSON,
J
: This case started out as an
eviction application, but since the first and second respondents
vacated the property about six weeks
ago, the only issue remaining is
the question of costs.
Relying
on the terms of the lease agreement, Ms Stone, who appeared for the
applicant, sought a costs order on the attorney and
client scale. Ms
Mirtle, who appeared for the first and second respondents, submitted
that costs on the ordinary scale were appropriate.
She tendered
counsels’ costs on scale B.
Because I do not think
that attorney and client costs should generally be ordered in the
absence of substantial litigious misconduct
by one side or another,
and because, as Ms Mirtle quite correctly pointed out, I am not bound
by the terms of the agreement to
pay costs, I am not inclined to
award attorney and client costs in this case.
I will direct the first
and second respondents to pay costs on the ordinary scale, including
costs of counsel, which may be taxed
on scale B. It seems to me
that the costs between 29 March and today could have been avoided had
the respondents tendered
them on vacation. The fact that they
did not means that the costs order should include the costs of
today’s hearing.
I have amended the draft
handed up by counsel accordingly, and I have signed it, dated it and
marked it “X”.
WILSON, J
JUDGE OF THE HIGH
COURT
21
May 2026