IN THE HIGH COURT OF SOUTH AFRICA 
(CAPE OF GOOD HOPE PROVINCIAL DIVISION)

In the matter between: 

versus
MERIDIAN BAY RESTAURANT 

JUDGMENT 
(Application for Leave to Appeal)

This is an application for leave to appeal against a judgment of this Court which granted summary judgment in favour of plaintiff (respondent in these proceedings).

"Defendant never signed a fee mandate with the plaintiff in terms whereof a fee structure was determined. Under the circumstances, I am of the opinion that applicant is entitled to a reasonable costs, which costs is (sic) to be taxed in accordance with the rules of the High Court and also based on the tariffs determined by the rules of the High Court.”

As I noted in the principle judgment, there is no dispute, if all the papers are read as a whole.   The defendant engaged the services of the plaintiff, significant costs were incurred, pursuant to such engagement, and plaintiff is entitled to be so paid.