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