Koedoesrivier Boerdery (Pty) Ltd v Regional Land Claims Commissioner: Limpopo

Koedoesrivier Boerdery (Pty) Ltd applied for payment of wasted costs allegedly incurred on 10 April 2015. The background was an application for leave to appeal initiated by the Regional Land Claims Commissioner against an earlier Land Claims Court judgment. The parties had agreed that the application for leave to appeal would be heard on 10 April 2015 and that the Commissioner would set the matter down. No notice of set down was delivered. Koedoesrivier nevertheless attended court on 10 April 2015 ex abundanti cautela, fearing the matter might proceed in its absence. The Commissioner did not appear. Koedoesrivier then sought an order for the wasted costs of that day.

The application for payment of wasted costs was dismissed. No order as to costs was made.

The case clarifies that in the Land Claims Court, wasted costs will not be awarded where a party attends court purely as a precaution without being legally obliged to do so. It reinforces the principle that costs are compensatory, not punitive or risk-based, and confirms the importance of compliance with procedural rules on notices of set down.