Read the full judgment text of CACV 000522/2000 on BabelCite. This Court of Appeal judgment was delivered on 30 January 2001 before Mayo VP, Stock JA.
Civil procedure – costs – variation of costs order nisi – amendment of defence – hearing adjourned – whether order for 'all costs incurred up to adjournment' too wide – held: order varied to costs of hearing up to adjournment plus costs thrown away – plaintiffs to pay costs of application – compensation principle applied
Legal issues: Scope of costs order upon amendment of defence
Outcome: The defendants' application to vary the costs order is granted. The costs order nisi is varied: defendants to pay costs of the hearing in the Court of First Instance up to the point of adjournment, and any other costs thrown away by the amendment. Plaintiffs to pay costs of this application.