Legal Question in Family Law in South Africa

A case was brought against me in the high court as an extreme urgent matter; however, the case was dismissed with cost due to them not being able to prove the extreme urgency. If they continue with the case as a normal case in court, can they hold me responsible for the first court fees?


Asked on 3/02/12, 3:07 am

1 Answer from Attorneys
Melcom Smit Smit and Associates

No, if the court entered into a cost order compelling the applicant in the dismissed matter to pay cost then even if they do file a new case before the High Court they will be unable to recover the first urgent applications cost. You don't need to worry about the first application - it was dismissed and they must pay cost notwithstanding any future motions.

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Answered on 3/02/12, 9:04 am


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